Equal access in education: why Section 508 compliance matters

It should come as no surprise that school governors’ agenda’s are full, packed with a multitude of responsibilities. From policymaking to ensuring compliance with educational standards, the workload is no small feat.

This year, state chief executives have been focusing on seven key educational policy priorities: early childhood education and care, educational staff, educational options, teaching methods, student psychological well-being, higher education and workforce development. Yet, with around 21% of undergraduates reporting disabilities in postsecondary education, a pressing question arises: Are the needs of all students being considered when building academic policies?

Accessibility violations are a major concern across many sectors, and the push to ensure proper accommodations for people with disabilities is ramping up. This is happening as lawsuits over accessibility keep increasing.

For instance, in 2022, there were 3,225 website accessibility lawsuits filed in federal courts under the Americans with Disabilities Act (ADA), marking a 12% increase from the previous year.

But ADA compliance isn't the only concern for academic leaders. Section 508 compliance should also be a prominent item on any federally funded organization’s agenda.

Section 508: why it matters in education

Compliance with Section 508 of the Rehabilitation Act has been a stumbling block for many organizations. Enforced in 1973, Section 508 set a precedent by prohibiting disability discrimination, mandating that federal agencies make their Information and Communications Technology (ICT) accessible to people with disabilities.

This federal legislation states that public-facing website pages, online forms, both internal and external emails, all software and applications (including mobile), online training materials, employment application pages, and any digital files, such as PDFs, be made accessible for people with disabilities.

Compliance with Section 508 is a legal obligation while also being a core aspect of providing equitable access to all. But, with ongoing lawsuits revealing gaps in Section 508 compliance, it's clear that the education sector must elevate its efforts.

Digital accessibility: a guide for educators on Section 508 compliance

This growing number of lawsuits highlights a troubling reality. Despite legal requirements, many institutions are still falling short. Accessibility advocates are taking firm action, making high-profile complaints about accessibility non-compliance to ensure that websites of all academic institutions are fully accessible. For example, a single activist has filed 1,800 complaints against institutions ranging from elementary schools to major universities, specifically targeting their public-facing websites. These complaints have highlighted that making academic resources accessible requires a stronger effort. 

This compliance issue has prompted institutions to either overhaul their public websites to meet compliance standards or, in some cases, temporarily take them offline. How can you safeguard your academic setting against this type of challenge?

Compliance to Section 508 includes conforming to the Web Content Accessibility Guidelines (WCAG) Levels A and AA. The Revised 508 Standards point to the WCAG standards and conformance requirements for web and non-web electronic content.

By adhering to the WCAG guidelines for web accessibility—ensuring digital content is perceivable, operable, understandable, and robust—and rigorously testing against the associated Success Criteria, academic spaces can also meet Section 508 compliance.

By staying informed and proactive, educators can effectively support all students' learning needs while safeguarding against potential legal risks.

In pursuit of accessibility in education

The message to academic institutions is that they are accountable not only to all of their staff and students, but also to the wider public. Adhering to Section 508 must become a priority, embedded in every policy, every phase of information and communication technology design. This dedication to compliance is the key to creating an educational setting that is more inclusive and accessible, ensuring that every individual, regardless of disability, can engage fully in the educational experience.