Bridging Accessibility Gaps: The European Accessibility Act Meets ADA Title II

Accessibility is a basic human right that guarantees everyone, regardless of their abilities, the opportunity to fully engage in society. Two key laws that have significantly influenced accessibility standards are the European Accessibility Act (EAA) and Title II of the Americans with Disabilities Act (ADA). This blog delves into Title II of the ADA, which addresses state and local government programs and activities, and the EAA, examining their creation, purpose, and how they complement each other.

Establishment and Key Dates

European Accessibility Act (EAA): The EAA is a directive of the European Union that came into force on June 27, 2019. Member states were required to adopt and publish the necessary laws, regulations, and administrative provisions by June 28, 2022, with full implementation expected by June 28, 2025.

ADA Title II: The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. Title II of the ADA, which ensures that state and local government services are accessible to people with disabilities, became effective on January 26, 1992.

In April 2024, the U.S. Department of Justice issued a new rule amending Title II of the ADA. This rule requires state and local governments to make sure that their web and mobile app-based learning resources are accessible to students with disabilities. These materials must meet specific standards, with full implementation required by 2026 or 2027, depending on certain population factors.

Why They Were Created

European Accessibility Act (EAA): The EAA was created to make accessibility rules the same across all EU countries. This helps businesses by providing a single set of rules, making it easier to trade accessible products and services across borders. The goal is to create a larger market for these products and services, which benefits everyone. Ultimately, the EAA aims to help people with disabilities live more independently, be socially integrated, and actively participate in community life.

ADA Title II: The U.S. Department of Justice updated Title II of the ADA in 2024 to address the growing importance of digital accessibility. As more state and local government services, including educational resources, moved online, it became clear that many websites and mobile apps were not accessible to people with disabilities. This created significant barriers for individuals who rely on assistive technologies, such as screen readers, to access information and services

Overall, these regulations mean that schools in both the EU and the U.S. must focus on making educational resources accessible to all students. This includes reviewing and updating digital resources to meet the Web Content Accessibility Guidelines (WCAG) 2.1 AA standards, implementing accessibility features, training staff, and regularly testing and maintaining accessibility standards. By complying with the EAA and ADA Title II updates, which require adherence to WCAG 2.1 AA guidelines, schools can create an inclusive educational environment where all students, regardless of their abilities, have equal access to learning opportunities.

How They Align

Common Goals

Both the EAA and ADA Title II share the common goal of promoting accessibility and eliminating barriers for individuals with disabilities. They aim to ensure that people with disabilities have equal access to public services, products, and opportunities, fostering an inclusive society.

Scope and Coverage

While the EAA focuses on harmonizing accessibility standards across the EU for products and services, ADA Title II targets nondiscrimination in state and local government services in the United States. Despite this difference in scope, both acts emphasize the importance of accessibility in public life.

Implementation and Enforcement

Both the EAA and ADA Title II require the adoption of specific accessibility standards aligned with the WCAG 2.1 AA guidelines and provide mechanisms for enforcement. The EAA mandates that member states implement the directive into national law, while ADA Title II is enforced by the U.S. Department of Justice, ensuring compliance through regulations and legal actions.

Alignment with International Standards

The European Accessibility Act (EAA) and the ADA Title II updates both adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 AA standards, which are internationally recognized for promoting digital accessibility. The EAA is in line with the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), ratified by all EU member states. Similarly, the ADA aligns with the principles of the UN CRPD, demonstrating a global commitment to disability rights and accessibility.

The Impact of Accessibility Standards on Educational Institutions

Both the EAA and the ADA Title II amendments have a significant impact on schools and educational institutions, particularly concerning websites, digital learning materials, and apps. While some schools may already be well-prepared to meet these expanded accessibility requirements, many others will require expert guidance to navigate these changes effectively. This highlights the critical need for specialized support to ensure all educational environments are inclusive and accessible to everyone. For further support with accessibility, visit Accessibility Solutions at CAST.

How CAST Accessibility Team Can Help

The CAST Accessibility Team is dedicated to helping schools and educational institutions meet the accessibility standards set by the European Accessibility Act (EAA) and ADA Title II updates. Our team offers expert guidance on implementing the Web Content Accessibility Guidelines (WCAG) 2.1 AA standards, ensuring that digital learning resources are accessible to all students, including those with disabilities. We provide practical solutions to enhance accessibility and conduct training sessions for staff to build their understanding of accessibility requirements and best practices. By partnering with the CAST Accessibility Team, schools can create an inclusive educational environment that supports equal access to learning opportunities for every student.

Ready to make your educational resources accessible to all students? Reach out to the CAST Accessibility Team at accessibility@cast.org today for expert assistance and support in meeting these important standards. Let’s work together to create a more inclusive learning environment!

The European Accessibility Act (EAA) & Title II of the Americans with Disabilities Act (ADA): A Visual Comparison

27 Member States of the European Union