Lawmakers Introduce the Online Accessibility Act

Representatives Ted Budd (R-NC) and Lou Correa (D-CA) introduced the Online Accessibility Act [https://budd.house.gov/uploadedfiles/budd-online_accessibility_act.pdf] on October 2, 2020. The bill would extend the Americans with Disabilities Act (ADA) to cover consumer-facing websites and mobile applications that are owned or operated by a private entity.

While the stated purpose of the ADA is to "provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities," it was enacted prior to the widespread use of the internet and thus does not specifically mention web accessibility or cover the internet. As the statute is silent on internet accessibility and the courts have come to varying decisions about whether portions of the law are applicable to the virtual space, lawmakers have understandably been interested in legislating away the uncertainty. Businesses across the country—and especially those in the retail and restaurant sectors—have cited the need for clear rules in the web accessibility space so they can ensure that they achieve and maintain compliance.

In addition to extending ADA coverage to consumer-facing websites and mobile applications, the Online Accessibility Act would deem consumer-facing websites and apps that substantially comply with the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA standards to be in compliance with the ADA. If a website or an app is not in compliance with WCAG 2.0 Level AA but offers "equivalent access" through an "alternative method," it would be deemed compliant with the ADA. However, the bill directs the United States Access Board to promulgate regulations delineating definitions and further details with respect to these provisions.¹

The Online Accessibility Act is unlikely to progress this year as the 116^th Congress will adjourn at the end of 2020. However, the bill will be one proposal to watch as we head into a new Congress and administration. EDUCAUSE will continue to keep members apprised of relevant developments with respect to the bill.

EDUCAUSE understands the need for clarity regarding online accessibility, especially as it pertains to teaching and learning in higher education. Colleges and universities play an integral role in ensuring persons with disabilities have equitable access to educational and campus opportunities. Therefore, in 2014, EDUCAUSE began working with the American Council on Education, the National Federation of the Blind, and the Association of American Publishers to develop a legislative proposal capable of achieving the common goals of all three stakeholder groups: to produce sustainable and consistent progress in the accessibility of postsecondary electronic instructional materials.

The most recent product of that collaboration is the AIM HIGH Act, championed by Congressmen Phil Roe (R-TN) and Joe Courtney (D-CT) in the US House of Representatives and Senators Elizabeth Warren (D-MA), Michael Bennet (D-CO), Dan Sullivan (R-AK), and Jon Tester (D-MT) in the US Senate. The bill currently awaits consideration in both chambers. It would establish a commission of representatives from major stakeholder communities (including higher education) to develop voluntary accessibility guidelines for postsecondary instructional materials and related technologies. The commission created by the AIM HIGH Act would also leverage its work on the guidelines to create a list of general IT accessibility standards that would be annotated to clarify their relevance to different aspects of higher education information technology. The bill also includes language specific to the pilot testing of relevant materials and technologies. Under the provision, the commission would have the added responsibility of developing voluntary pilot-testing guidelines. The pilot-testing guidelines would clarify how institutions should address accessibility needs and requirements in that context. To ensure a consensus-based approach, 75 percent of the commission members would need to approve the release of any of these resources.

Iterations of the bill have been included in both Republican and Democratic attempts to reauthorize the Higher Education Act (HEA); however, both reauthorization proposals in the current Congress are highly partisan and lack any real chance of becoming law.²

EDUCAUSE continues to support the version of the bill introduced in both chambers of Congress separate and apart from the partisan HEA reauthorization proposals. We look forward to continuing to work with House and Senate sponsors to move the bill through the legislative process and ultimately into law. Stay tuned for future updates regarding the AIM HIGH Act, the Online Accessibility Act, and other issues related to online accessibility—especially as we head into a new Congress.

Notes

1. Online Accessibility Act [https://budd.house.gov/uploadedfiles/budd-online_accessibility_act.pdf], H.R. 8478, 116^th Cong. (2020). ↩
2. Kathryn Branson, "Accessible Instructional Materials Legislation Reintroduced in the House of Representatives," Policy Spotlight (blog), EDUCAUSE Review, December 10, 2019. ↩

---

Kathryn Branson is a Senior Associate at Ulman Public Policy.