Comment on FR Doc # 2026-07663

The Association on Higher Education and Disability opposes the extension of the compliance deadline set by the 2024 final rule, hereinafter referred to as “The Web Accessibility Rule”, under Title II of the Americans with Disabilities Act (ADA) on April 20, 2026, under the interim final rule (IFR), and call for the reinstatement and enforcement of the April 24, 2026 compliance date for State and local government entities with a total population of 50,000 and April 26, 2027 compliance date for public entities with a total population of less than 50,000, or any special district government, because further delay denies access to individuals with disabilities, and there is inadequate reason for the delay. Title II plays a major role in ensuring that public institutions, including public colleges and universities, provide equal access and opportunity to individuals with disabilities. The delay in advancing these regulatory updates prolongs uncertainty for institutions striving to align their policies and practices with evolving accessibility standards and, more importantly, delays progress toward more inclusive educational environments. Learning technologies can be designed and implemented in an accessible way. Proactively addressing accessibility from the outset upholds students’ rights and also conserves time and resources, allowing institutions to focus on delivering high-quality education to all students. Barriers to accessing educational content and digital platforms play a major role in excluding students with disabilities from participating in education. When campus life is so inextricably tied to the internet and digital access, these barriers measurably impact the ability of students to graduate, attain employment, and achieve the salary that comes with a degree. According to the National Center for Education Statistics, only 50% of students with disabilities graduate within six years compared to 70% of their nondisabled peers. This disparity extends to employment, where students with disabilities are employed at rates nearly 20% lower than others. Instead of easing burdens, delaying the Web Accessibility Rule maintains existing inequities for students and creates confusion for institutions striving to comply with the law. The Rule a crucial next step to protecting civil rights and advancing opportunity through higher education. Additionally, we urge against any alteration to the Web Accessibility Rule. AHEAD, its members, and the students that they serve have waited for modernized Title II guidance for 14 years, and many colleges and universities have already taken meaningful steps toward compliance. Any reversal or alteration of this rule before its new deadlines would undermine the progress made, penalizing institutions that have acted in good faith while rewarding those that have disregarded long-standing federal requirements. The delay already creates uncertainty for institutions about how to ensure access. In putting forward the proposed final rule, the Administration points to new evidence as to why the rule and the delay it imposes should be put in place. Many public entities have, in good faith, worked diligently to meet the original deadlines and have been successful. While any new technology standard brings with it challenges, the Administration should, instead of further delaying the access that those with disabilities have been waiting for and deserve, be focused on providing technical assistance and helping those who are having particular compliance changes. Instead, this proposed final rule perpetuates the too often insurmountable hurdles for those with disabilities to access things others often take for granted, denying them access to fundamental elements of our society, such as education. AHEAD calls for the withdrawal of the proposed final rule and, with that, the reinstatement of the deadlines set forth in the Title II 2024 final rule, and a commitment from the Administration to advancing accessibility and inclusion across higher education.