Nexus

“Let the shameful walls of exclusion finally come tumbling down.” This was President George H.W. Bush’s famous declaration as he signed the Americans with Disabilities Act (ADA) in 1990. This landmark U.S. civil rights legislation was aimed at providing over 70 million Americans living with disabilities a much-needed foundation for equality. 

The ADA was designed to address pervasive issues of exclusion and inequality, ensuring that individuals with disabilities would have fair access to various aspects of public life, including employment and education. 

Adhering to ADA compliance law demonstrates a substantial step towards breaking down barriers to everyday experiences for people with disabilities.

The five titles of the ADA

The ADA splits into five titles, each targeting a different aspect of accessibility. For higher education leaders, prioritizing ADA compliance with key titles like II and III is vital for building inclusive academic spaces:

1. Title I: Employment – This title requires institutions to provide reasonable accommodations in the workplace and prohibits discrimination in all aspects of employment. Higher education institutions must build an inclusive employment environment for faculty and staff with disabilities.

2. Title II: Public Services – For publicly funded institutions, this title mandates that all services, programs, and activities be accessible to individuals with disabilities. This includes everything from physical accessibility on campus to the inclusivity of academic and extracurricular programs.

3. Title III: Public Accommodations – Private institutions that are not directly funded by the government are covered under Title III, which ensures that all facilities open to the public, such as libraries and lecture halls, as well as digital platforms like institution websites and online learning tools, are accessible.

4. Title IV: Telecommunications – This includes ensuring accessibility of telecommunication for students with hearing or speech disabilities, pivotal for online learning platforms and classroom technologies.

5. Title V: Miscellaneous Provisions – This title includes a variety of provisions protecting individuals from retaliation or coercion for asserting their rights under the ADA, among other legal technicalities.

Going viral: ADA compliance meets the digital world

As the internet was not a mainstream commodity in 1990, the focus of ADA compliance focused on physical spaces such as wheelchair ramps, elevators and accessible restroom facilities with features such as grab bars and wider spaces for maneuver. 

Today, the internet is saturated with websites, mobile apps, and electronic documents. And, in education, digital learning has gone viral. Online learning has soared in popularity, due to its convenience and flexibility. 

The National Center for Education Statistics cites that 9.4 million students were enrolled in one or more digital learning courses in 2021. Reports indicate that online course enrollment continues to skyrocket, with many institutions seeing a 50% or even higher increase in online enrollment. 

Online learning was never just a passing trend; it’s become an essential ingredient of modern education. This shift has placed ADA compliance center stage, making it vital that education’s digital content is as welcoming and inclusive as its physical spaces.

While online learning offers significant benefits for accessibility, it’s important to note that not all educational institutions fully meet these standards, leading to costly repercussions with ADA compliance. In recent years, some universities have faced lawsuits for not making their online content accessible for students with disabilities.

These legal challenges highlight gaps in how online courses are designed. For instance, some courses may lack proper captioning for videos, accessible reading materials, or compatibility with screen readers, all of which are crucial for students with visual, auditory, or learning disabilities.

Achieving top marks in ADA compliance

If your higher education resources—like websites, digital content, and mobile apps—aren’t aligned with ADA compliance, you’re exposing yourself to potential vulnerabilities.

Making sure that digital content is accessible is vital for avoiding ADA compliance lawsuits. Web Content Accessibility Guidelines (WCAG) serve as the international benchmark for online accessibility. These guidelines are designed to offer all users, including those with disabilities, an accessible online experience. Following WCAG not only aligns with best practices but also ensures compliance with laws like the ADA.

To score high with ADA compliance, focus on exceeding the basic requirements of the WCAG. Start by conducting a thorough audit of your website to identify areas that need improvement. Employ tools and services that specialize in web accessibility and invest in training your team about the importance of inclusion and accessibility best practices.

By proactively embracing these practices, your educational institution can achieve high standards in ADA compliance, demonstrating a commitment to inclusivity and setting a benchmark in your industry. 

Mastering ADA compliance empowers your academic institution to tear down the walls of exclusion, paving the path towards a future where every learner gains the access they deserve to quality education. This transforms learning environments while positioning educational leaders as champions of making education a fundamental right – not a privilege – for every student.