ADA Title II Updates: What does it mean for us?

Effective April 24, 2026, the US Department of Justice (DOJ) has issued rule changes to the Americans with Disabilities Act federal law. These rule changes add new compliance requirements for websites, web content, and web-based systems and applications.

Fortunately, UC Berkeley has been working to fulfill many existing requirements under our consent decree with the DOJ and has established a solid foundation and head start in order to meet the April 24, 2026 deadline.

The new requirements of the Title II update of the ADA provide clearer digital accessibility guidance.

• Compliance with WCAG 2.1 AA instead of 2.0
  Berkeley’s consent decree with the US DOJ requires that our websites, videos, and podcasts comply with the global standards called Web Content Accessibility Guidelines (WCAG) at the version 2.0 and level AA. As of April 24, 2026, we must comply with WCAG version 2.1 and level AA as the minimum standard.
• Compliance of websites, web content, and web-based software and applications, regardless of password protection
  The scope of content, sites, applications and web-based software has been expanded by the updates to the federal law. These include:
• websites and web content including browser-based platforms, software and applications regardless of audience (public, student, or employee facing) and regardless password protection;
• academic technologies and instructional digital content;
• digital documents like PDFs, presentations, word processing, and spreadsheets;
• mobile applications;
• social media; and
• third-party supplier goods and services.

Limited exceptions apply to these new requirements

1. Archived Web Content
   For this exception to apply, all of the following items, a through d, must be true:
   1. The web content was created prior to April 24, 2026. This includes both digitally created or reproduced scans from paper copies or physical media.
   2. The web content is retained exclusively for reference, research or records keeping.
   3. The web content is not altered or updated after being archived.
   4. The web content is organized and stored in a dedicated area clearly identified as being archived.
      
      
2. Pre-existing Digital Documents
   For this exception to apply, all of the following items, a through c, must be true:
   1. Documents are defined as word processing, presentation, PDF and spreadsheet files.
   2. Documents must have been on the website or mobile application prior to April 24, 2026.
   3. Documents are not currently used to apply for, gain access to, or participate in the university’s services, programs or activities.
      
      
3. Content Posted by a Third Party
   For this exception to apply, the third party may not be an entity that is posting due to contractual, licensing, or other arrangements with the university.
   
   
4. Individualized Documents
   For this exception to apply, all of the following items, a through c, must be true:
   
   1. Documents are defined as word processing, presentation, PDF and spreadsheet files.
   2. Documents must be about the specific person, property or account.
   3. Documents must be password protected or otherwise secure.
   
   IMPORTANT: If a person with a disability requests an accessible version of the document, it must be remediated.
   
   
5. Pre-existing Social Media Posts
   Social media posts made prior to April 24, 2026 are excluded from the new requirement.