Hi All,
New regulations for Title II entities in website accessibility are top of mind for the Department of Justice and have direct impact on school and public libraries' digital spaces. On Thursday, August 3rd the DOJ released a Notice of Proposed Rulemaking outlining the expected updates and invited the public to submit comments. More information is linked below along with the path to submit comments on the proposed rulemaking.
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On August 3, 2023, the Department of Justice published a Notice of Proposed Rulemaking (NPRM) proposing to update the regulations for Title II of the Americans with Disabilities Act (ADA) to better ensure web and mobile app accessibility for people with disabilities. The Department is seeking public feedback on its proposal, which aims to clarify how State and local governments can meet their existing ADA obligations as their activities increasingly shift online.
For a high-level summary of the NPRM, read the fact sheet. The Department has also published a press release. Members of the public can submit comments on the NPRM online by October 3, 2023. Comments may also be mailed to the Disability Rights Section, Civil Rights Division, U.S. Department of Justice, P.O. Box 440528, Somerville, MA 02144.
Everyone that has obligations under Title II of the ADA would be covered by the proposed rule. Title II of the ADA applies to all public entities, including state and local governments, and departments, agencies, special purpose districts, special district governments, and other instrumentalities of state or local government. Title II and the NPRM use the term public entities or state and local government entities to describe who they apply to, but in this fact sheet, we call these state and local governments. State and local governments that contract with other entities to provide public services (like non-profit organizations that run drug treatment programs on behalf of a state agency) also have an obligation to ensure that their contractors follow Title II.
Who would be covered by this proposed rule?
Like the rest of Title II, the proposed rule would apply to all state and local government entities. Examples of these include:
- State and local government offices that provide benefits and/or social services, like food assistance, health insurance, or employment services.
- Public schools, community colleges, and public universities
- State and local police departments
- State and local courts
- State and local elections offices
- Public hospitals and public healthcare clinics
- Public parks and recreation programs
- Public libraries
- Public transit agencies
To find out more about the ADA, visit ada.gov or call the Justice Department's toll-free ADA information line at 1-800-514-0301 (voice) or 1-833-610-1264 (TTY).
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Hillary Pearson
she/her/hers
Program Manager, Accessibility Services, Office for Diversity, Literacy and Outreach Services (ODLOS)
American Library Association
P: (312) 280-5020
hpearson@ala.orgwww.ala.org |
www.ala.org/diversity------------------------------