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Justice Department to Publish Final Rule to Strengthen Web and Mobile App Access for People with Disabilities

In April, a final rule was signed under Title II of the Americans with Disabilities Act (ADA) to ensure the accessibility of web content and mobile applications (apps) for people with disabilities. This final rule clarifies the obligations of state and local governments to make their websites and mobile applications accessible. 

Laws and Rulings That Influence Accessibility Standards

Section 508 Compliance Requirements

For federal agencies, digital content must be able to be accessed by anyone, regardless of ability. The standard for judging whether a piece of digital content is accessible can be found in Section 508’s E205.4 Accessibility Standard. In short -  the standard mandates that electronic content conform to the criteria and requirements of  Web Content Accessibility Guidelines (WCAG) 2.0.

Developed by the World Wide Web Consortium (W3C). WCAG is a set of widely recognized guidelines for ensuring web content is accessible to individuals with disabilities. This includes features such as text alternatives for non-text content, keyboard accessibility, color contrast, and more.

Section 508 requires digital content produced and used by the federal government to follow WCAG 2.0 Level A and Level AA Success Criteria and Conformance Requirements. This impacts:

  • Websites and Web Applications
  • Software Applications
  • Telecommunication Devices
  • Multimedia
  • Electronic Documents

Section 508 Compliance Requirements For Assistive Technology

Requirements for Section 508 compliance are categorized to highlight the key decisions that need to be made throughout the website and application-building process.

Document Structure

Document structure allows screen reader users to navigate through the content efficiently. Properly structured headings, lists, and other elements allow users to move between sections or skip directly to desired content.  Examples include:

  • Page Titles: Concise but descriptive page titles within a website allow screen readers to interpret them swiftly.
  • Navigation: Some assistive technologies are designed to allow people to navigate the menu of a website or app by using only their keyboard. This means easily navigating to each section, as well as the navigation menu at the top of the page. A Section 508 compliant site will include features like a “skip to main content” link option or button near the navigation menu to reduce the amount of scrolling.
  • Web Forms: Forms on websites must follow a logical layout, use placeholder attributes instead of label tags and have labeled fields.
  • Landmarks: Landmarks provide a way to divide a web page into meaningful segments, making it easier for users to navigate and understand the content. Developers use landmarks to identify sections and assist people with navigation, specifically when a person is using a screen reader.

Development

Development considerations include website and app attributes that go on “behind the scenes” within the coding. While these aspects are not immediately seen by the user, the way technology is programmed will affect the user’s experience.

  • JavaScript: This popular programming language for websites must be used in a way that meets Section 508 standards. For example, JavaScript often enables dynamic content updates without requiring a page refresh. While this can enhance the user experience, it may pose challenges for screen readers and other assistive technologies.
  • Language attribute: This HTML attribute is used to specify the primary language of the content within a web page and is typically added to the opening “html” tag in the document. Screen readers and other assistive technologies use the language attribute to ensure that the content is read and pronounced correctly for users who rely on these tools.
  • ARIA Labels: Created by W3C, these labels make information within the website available for screen readers. Make sure these are enabled properly onto your website to meet Section 508 standards.

Images and Video

The visual elements on the page besides the text are an important part of providing context, additional information, and entertainment.

  • Alt text on images: Alt text is essential for helping people with visual impairment understand images, charts, and other visual elements on a web page. Each image should be given a complete description and context if needed within the alt text.
  • Media: Video captions help make videos accessible for people who are deaf or hard of hearing.

Design Elements

Design plays an important role in accessibility for assistive technology and design elements are included in the requirements for Section 508 compliance.

  • Color: Create proper color contrast ratios early in the design to ensure your text is easy to read for people with vision impairments such as color blindness or low vision.
  • Text Size: Ensure text is large enough for people to read, as is and when made larger.

WCAG, Section 508 and the ADA: What’s the Difference?

Digital accessibility and compliance terms are often used interchangeably: ADA compliance, Section 508 compliance, WCAG compliance. But there are key differences in these terms and to what they apply.

ADA: The Americans With Disabilities Act is a civil rights law passed by Congress to ensure all people have equal access to education, buildings, public places and more. It also applies to digital technology. Local and state governments, non-profit organizations, and businesses must meet its accessibility standards.

Section 508: This federal law applies to digital assets and ICT that are procured, used, and produced by government agencies and those companies that contract with them.

WCAG: As noted above, this is the standard and guidelines for building and maintaining accessible digital technologies. Conformance to WCAG is required for compliance with Section 508.

In 2004, the Virginia General Assembly and the Governor of Virginia enacted supporting state legislation regarding accessible technologies that serve all users regardless of their ability.

State code upholds that all Virginia state executive branch agencies and institutions of higher education must comply with the regulations that implement the electronic and information technology accessibility standards of the Rehabilitation Act of 1973, as amended, and any regulations as may be prescribed by Virginia Information Technologies Agency (VITA).

In support of the legislation VITA implemented the Virginia Information Technology Accessibility Standard. The standard is incorporated in Virginia’s Enterprise Architecture and designated as Information Technology Resource Management (ITRM) Standard GOV101-03.