Website Accessibility Problems May Put Federal Funding at Risk
Could problems with your website put your school or district at risk of losing Federal funding? If your district has received an Office of Civil Rights (OCR) complaint for website accessibility, you may be at risk of losing funding if issues are not addressed in a timely manner. OCR has not reduced enforcement activities during the pandemic. Here’s what you should know.
Schools and districts have a legal responsibility to ensure that information and resources on the school website are accessible to people with disabilities.
Under Title II of the Americans with Disabilities Act (ADA) and Sections 504 and 508 of the 1973 Rehabilitation Act, schools and districts have a legal obligation ensure that people with disabilities have equal access to all information, resources and services. The courts and OCR have determined that this includes online information and resources provided on the school website.
Schools and districts with inaccessible websites may be subject to an OCR complaint or lawsuit.
OCR has the legal authority to register an ADA complaint against schools and districts who do not ensure equal access to information on the website. This complaint typically lists the specific accessibility problems on the website and gives the school or district a set amount of time to resolve the complaint or demonstrate substantial progress. Individuals with disabilities who can demonstrate that they have been harmed or denied equal access to information and services because of inaccessible content on the school or district website can also bring an ADA lawsuit against the district.
OCR has the power to deny Federal funding for schools and districts who do not comply with accessibility requirements.
Schools and districts who fail to resolve issues identified in an OCR complaint within the timeframe allotted may be at risk of losing Federal funding. Under Article VI: Initiation of Enforcement Action of the OCR Case Processing Manual, OCR has the power to “initiate administrative proceedings to suspend, terminate, or refuse to grant or continue and defer financial assistance from…the Department to the recipient.”
The OCR is enforcing civil rights laws vigorously during COVID-19.
A March 17 video from the OCR reiterated the their continued commitment to enforcing civil rights laws related to website accessibility during the coronavirus pandemic. They have continued to open new civil rights cases over the last few weeks, including an investigation into Tucson USD for website accessibility issues opened on June 23, 2020. In the video, Kenneth Marcus, Assistant Secretary of Education for Civil Rights, says:
Today, in light of coronavirus, a number of educational institutions have indicated that they are moving their services online. These online platforms are some of the most prominent ways that schools…communicate and provide educational services. Students and parents now frequently visit school websites, online student portals, and mobile applications…Online learning is a powerful tool for educational institutions as long as it is accessible for everyone. Services, programs, and activities must be accessible to persons, including individuals with disabilities…”
Need help with website accessibility?
If you have questions about website accessibility, or have received an OCR complaint related to your website, contact us. We can help you create and maintain an accessible website that meets WCAG 2.0 AA standards.