Comment on FR Doc # 2026-07663

University of Illinois Springfield - Office of Web & Digital StrategySupportIndividual
Summary: The commenter supports the adoption of WCAG 2.1 Level AA as an enforceable standard but argues for the inclusion of a narrow remediation window (e.g., three business days) for newly identified issues. They contend that a "cure period" acknowledges the technical limitations of automated testing and distinguishes good-faith efforts from negligence without weakening overall accessibility goals.
The adoption of WCAG 2.1 Level AA as an enforceable standard is an important and necessary step toward ensuring equitable digital access. However, the rule would benefit from incorporating a narrowly defined remediation window—such as a three (3) business day period—to address newly identified accessibility issues. In practice, maintaining continuous, perfect conformance is not technically feasible. No automated accessibility testing tool or monitoring solution is capable of detecting 100% of issues, and many accessibility barriers can only be identified through manual testing or user feedback. As a result, even organizations with mature accessibility programs, regular audits, and good-faith compliance efforts may unknowingly have intermittent or newly introduced issues. A short, clearly defined remediation period would: Acknowledge the inherent limitations of current testing technologies Encourage proactive monitoring and rapid response practices Distinguish between organizations acting in good faith and those that are negligent Reduce unnecessary legal exposure for minor, non-systemic issues that can be quickly resolved Importantly, such a provision would not weaken accessibility requirements. Instead, it would reinforce them by incentivizing organizations to implement continuous improvement processes, rapid triage workflows, and accountability mechanisms. This approach aligns with how other compliance frameworks handle defect discovery, focusing not only on the existence of issues, but on the timeliness and effectiveness of remediation. Incorporating a limited cure period would create a more practical, enforceable standard that reflects real-world development environments while still advancing the DOJ’s core goal of ensuring meaningful access for individuals with disabilities.

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