Section 504 Updates: What Archived Content Does and Doesn't Mean for Document Accessibility.

The recent update to Section 504 of the Rehabilitation Act introduces significant changes impacting the digital accessibility of documents and other online content. One point of confusion is around the exemption for "archived documents." Here are the key details that apply to digital documents (PDF, Word docs, PPTs, etc.) and how to consider what is actually archived documents.

Accessibility Requirements & Responsibilities

1. WCAG 2.1 Compliance:

The update mandates that all web content and mobile applications provided by entities receiving federal financial assistance from the Department of Health and Human Services (HHS) must comply with the Web Content Accessibility Guidelines (WCAG) 2.1, Level A and AA standards. This applies to all such entities by May 2026 for larger organizations (15 or more employees) and by May 2027 for smaller ones (fewer than 15 employees).

2. Third-Party Responsibilities:

The rule extends digital accessibility requirements to content and applications provided by third parties on behalf of these entities. Contracts and agreements with vendors must ensure that digital deliverables meet accessibility standards.

It is important that, as an organization, you understand what it means to meet "accessibility standards."

The first, and most crucial, step is to acknowledge that passing the Acrobat Checker does not imply you have met any standard at all. See Adobe's disclaimer on the Acrobat Checker. https://www.adobe.com/accessibility/products/acrobat/using-acrobat-pro-accessibility-checker.html/

This reads: Note: While the Accessibility Checker helps evaluate the accessibility of a document and helps identify areas that may be in conflict with Adobe’s interpretations of the referenced guidelines, the Accessibility Checker can not automatically check all accessibility guidelines and criteria, including those in such referenced guidelines, and Adobe does not warrant that any documents will comply with any specific guidelines or regulations. Please consult with appropriate legal counsel for guidance on compliance with the referenced guidelines or any other accessibility guidelines.

3. Exceptions:

Certain types of digital content are exempt from these requirements. These include:

1. Archived web content
2. Preexisting conventional electronic documents
3. User-generated content, such as public comments

However, these entities may still need to make such content accessible if it falls under other obligations to provide equal opportunities.

Exempt Archived Content Clarification

Any digital documents, like PDFs, PowerPoint and Word files, must still be made accessible if they are part of the current, active web content provided to visitors. This involves ensuring proper tagging for screen readers, alt text for images, and navigable structure through headings and links. The following gives a little more clarity on the exemptions.

Archived Content Language:

Preexisting electronic documents that are "not currently in use or needed for active services" may be considered archived and are exempt from the new requirements.

However, new or actively used documents must be updated to meet accessibility standards.

This makes it very clear that any content offered to visitors as active content must meet accessibility standards.

How long do we have?

1. Organizations with 15 or more employees have until May 2026 to meet accessibility standards.
2. For smaller organizations with fewer than 15 employees, the deadline extends to May 2027.

Source: https://www.reedsmith.com/en/perspectives/2024/05/hhss-section-504-final-rule-includes-digital-accessibility-standards

Broader Implications for Document Accessibility

These changes align Section 504 with modern accessibility expectations, similar to those under the Americans with Disabilities Act (ADA). By setting clear technical standards for digital content, the rule aims to reduce barriers and improve digital inclusion for individuals with disabilities in health and human services programs.

For more detailed information on the updates, you can refer to the HHS final rule found here: https://www.hhs.gov/civil-rights/for-individuals/disability/section-504-rehabilitation-act-of-1973/part-84-final-rule-fact-sheet/index.html)

Additional resources from the National Council on Disability can be viewed here: https://www.ncd.gov/newsroom/2024/section-504-update.

These updates represent a significant step toward ensuring that digital content is accessible and usable for everyone, particularly those with disabilities.

However, it is disappointing that the Federal Register PDF document provided on this very issue itself is not accessible! "No tags available" is unacceptable. We have to do better. https://www.govinfo.gov/content/pkg/FR-2024-05-09/pdf/2024-09237.pdf

If you want more information or training on how to know if your documents are accessible or if the documents produced by your accessibility departments or vendors meet the WCAG guidelines, reach out to me [email protected].