On Friday, May 19th the Justice Department and the Department of Education issued a joint Dear Colleague Letter on the online accessibility of colleges, universities, and other postsecondary institutions (pdf).
The Letter is a reminder to colleges, universities, and other postsecondary institutions of their obligations under the law. The letter reminds these institutions that, under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act (ADA), institutions are required to provide students with disabilities an equal opportunity to participate in postsecondary education.
The letter emphasizes that online services, programs, and activities – including 3rd party platforms – must be accessible to students with disabilities. This means that institutions must ensure that students with disabilities can participate as fully, independently, and at the same time as their peers.
The letter also provides some useful links to resources and guidance on how institutions can assess and improve the accessibility of their online courses and programs.
This letter, in conjunction with the recent HUD Advanced Notice of Proposed Rulemaking (ANOPR) of Section 504 signals a growing focus on equity and equality across the federal landscape. Furthermore, students are not afraid to advocate for themselves with 6,467 (32%) of Title IX complaints stemming from disability related issues in 2022 alone.
It is more important than ever that we work together to ensure that we are removing barriers for our students. Not only is it the law – it is the smart thing to do – and ultimately, it is the right thing to do for our students.