Digital Materials and ADA Title II Regulations
In April 2024, the U.S. Department of Justice (DOJ) finalized new regulations under Title II of the Americans with Disabilities Act (ADA). These rules require state and local governments, including public colleges and universities, to ensure digital content and technologies are accessible to people with disabilities – not just upon request, but proactively and consistently.
Previously, accessibility was often addressed only when a student with a disability enrolled. Under the new rule, all digital course materials must be accessible at all times, regardless of student enrollment status.
Key Points
- Almost all web content must meet WCAG 2.1 Level AA standards. (Some exceptions apply, such as archived content and pre-existing social media content).
- Web content includes any information or sensory experience delivered to users through a browser or mobile app. This includes text, images, videos, audio, animations, interactive controls, electronic documents (such as Word, Excel, PowerPoint, and PDFs), and HTML code.
- Compliance deadline for Minnesota State Moorhead: April 24, 2026.
References
What does this mean for MSUM employees?
Moorhead employees are responsible for ensuring that all shared digital content complies with Title II accessibility requirements. Even if you didn’t create the content, you are responsible for its accessibility if you share or assign it. This applies to all shared digital content: websites, forms, flyers, newsletters, emails, digital signage, social media posts, documents, videos, etc.
This also includes all materials added to our learning management system, D2L Brightspace. While the platform itself is accessible, individual content may not be. Faculty are responsible for making sure all added content is accessible to all learners. This includes: uploaded files (Word, PowerPoint, PDF, Excel, etc.), linked videos & websites, third-party content (such as textbook publisher sites and digital textbooks), etc. You are not required to remediate third-party content, but you must choose accessible resources. If a resource isn’t accessible, check if the provider offers an accessible version. If not, find an alternative with equivalent value.
How can you work toward compliance?
No matter your role at Moorhead, you play a part in building a more inclusive, accessible, and equitable community. A great place to start is by learning and practicing these core digital accessibility skills that apply across all content formats:
Use Headings Styles and Lists
Use built-in tools to create headings and lists. Proper document structure improves both visual navigation and navigation by use of assistive technology, such as a screen reader.
- Use built-in heading styles in logical order (WCAG 1.3.1).
- Format lists and tables using the built-in tools in Word, PowerPoint, and D2L (WCAG 1.3.1).
Support Resources
Use Color Carefully
Content needs to be clear and readable. Promote readability with strong contrast between text and background colors. When emphasizing or highlighting information use multiple cues, never color alone, to convey emphasis.
- Ensure sufficient color contrast between background and text (WCAG 1.4.3).
- Don’t rely on color alone to convey meaning; include a secondary cue, such as bold, italics, or description (WCAG 1.4.1).
Support Resources
Write Descriptive Links
Write hyperlinks as descriptive text, not "click here." Users should understand where a link will take them before clicking on it.
Use descriptive link text (WCAG 2.4.4).
Support Resources
Introduction to Links and Hypertext (WebAIM)
Add Alternative Text to Images
Images must include alternative (alt) text for users who cannot see the content. Alt text should be clear and descriptive.
- Use actual text, not images or screenshots of text (WCAG 1.4.5).
- Provide alt text for meaningful images (WCAG 1.1.1).
- Mark decorative images appropriately so they are skipped by assistive technology (WCAG 1.1.1).
Support Resources
Include Captions for Videos and Transcripts for Audio
Media must include alternatives for users who cannot see or hear the content. Captions and transcripts are required to be at least 99% accurate. MediaSpace-generated captions should be reviewed for accuracy.
- Caption all videos (WCAG 1.2.2).
- Provide transcripts for audio-only content (WCAG 1.2.1).
- Explain visuals in narration when visual information is essential (WCAG 1.2.5).
Support Resources
Use Accessibility Checkers
Documents you create and share should be readable and navigable, including for people using assistive technology.
Use built-in accessibility checkers in Word, PowerPoint, and D2L to help identify issues related to headings, alt text, reading order, and contrast (WCAG 1.1.1, 1.3.1, 1.4.1, 2.4.6).
Support Resources
Ensure Accessible PDFs
When scanning a document to save as a PDF, ensure you scan as text (OCR). If you are saving a Word or PowerPoint file as a PDF, ensure the document follows accessibility best practices before conversion; remediating to make accessible after the fact is very difficult with a PDF.
Avoid scanned image-only PDFs unless you’ve made them accessible (WCAG 1.1.1).
Support Resources
Training and Additional Support Resources
Multiple training and professional development opportunities are made available throughout the year; watch Employee News for announcements regarding those opportunities. Self-paced training is also available online through multiple sources. Visit the Accessibility Training and Support Resources article for a list of suggested trainings and resources.
Need help?
Accessibility Resources, the Library, Information Technology, and Online Learning can help you check and remediate your content or assist in finding accessible alternatives when needed. Solutions include learning how to evaluate accessibility, receiving help with remediation (when appropriate), and identifying substitute materials. If you are unsure which department can assist with your specific needs, contact any of us and we will point you in the right direction.