Policy Number: 12-013

Electronic Information Technology and Communication Accessibility

Category: Compliance and Ethics Information Technology

Responsible Executive: Chief Compliance, Ethics, and Privacy Officer Vice President and Chief Information Officer

Responsible Office: UF Compliance and Ethics and the Office of the CIO

1. Purpose

The University of Florida (“UF”) is committed to ensuring that technology related to its programs, services, and activities, directly or through contractual, licensing, or other arrangements, will be accessible to individuals with disabilities.[1] This Policy sets forth provisions for UF’s compliance with relevant state and federal law and regulations, and details UF’s commitment to digital and electronic accessibility. This Policy also provides guidance to UF employees, vendors, and the UF community about their responsibilities regarding technology and digital accessibility.

Section 504 of the Rehabilitation Act of 1973 requires: “No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service…” (29 U.S.C § 794).

The Americans with Disabilities Act Title II requires: “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” (42 U.S.C, §12132).

In April 2024, the Department of Justice amended the regulations implementing Title II of the ADA to provide clear requirements for websites and mobile applications. (28 C.F.R Subpart H). The technology not covered by the new regulations are still covered by the Title II regulations under general requirements, such as ensuring “communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others. (28 C.F.R. 35.160(a)(1)).[2]

2. Applicability

This Policy applies to the University of Florida, its Direct Support Organizations (DSOs), and affiliated legal entities, including UF Health.[3] Any reference in this Policy to “the university” or “UF” includes all these entities.

This Policy applies to all programs, services, and activities UF provides or makes available, directly or through contractual, licensing, or other arrangements to the public.

3. Policy Statement and Definitions

3.1. Websites and Mobile Applications

By April 24, 2026, all websites, website-based applications, and mobile applications will meet WCAG 2.1 A/AA (or current version of WCAG).[4] This covers all websites, website-based applications and mobile applications that are connected with all programs, services, and activities operated by UF. These include but are not limited to online classes, emergency communications, and web or mobile application-based training programs. Conforming alternate versions of websites, website-based applications, and mobile applications may only be used when it is not possible to make web content directly accessible due to technical or legal limitations.[5]

3.2. Exceptions to Requirements of Accessibility of Website and Mobile Applications from Section B

There are seven (7) exceptions to the requirements stated in Section A. Even if it falls under an exception, access will still need to be provided, consistent with access under Section 3.3 stated below.[6] The exceptions are as follows:

3.2.1. Archived web content means content that:

  1. Was created before April 24, 2026, reproduces paper documents created before April 24, 2026, or reproduces the contents of other physical media created before April 24, 2026;
  2. Is retained exclusively for reference, research, or recordkeeping;
  3. Is not altered or updated after April 24, 2026; and
  4. Is organized and stored in a dedicated area or areas clearly identified as being archived.[7]

3.2.2. Content posted by a third party. Content posted by a third party is subject to an exception, unless the third party is posting due to contractual, licensing, or other arrangements with the public entity. Employees, instructors, and students are not considered third parties.[8]

3.2.3. Fundamental alteration is a change that is so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered. Determinations about fundamental alteration can only be made by UF’s ADA Coordinator and must be accompanied by a written rationale for that conclusion.

3.2.4. Individualized, password-protected or otherwise secured conventional electronic documents. Conventional electronic documents such as PDF’s, word processing documents, spreadsheets, or presentations. This may include individual student assignments that are conventional electronic documents. These documents must be:

  1. About a specific individual or their account; and
  2. Password-protected or otherwise secured.[9]

3.2.5. Preexisting conventional electronic documents. Conventional electronic documents that are available as part of a public entity’s web content or mobile applications before the date the public entity is required to comply with this subpart, unless such documents are currently used to apply for, gain access to, or participate in the public entity’s services, programs, or activities. These include but are not limited to PDF’s, word process documents, spreadsheets, or presentations.[10]

3.2.6. Preexisting social media posted before April 24, 2026.[11]

3.2.7. Undue financial or administrative burden means significant difficulty or expense. Determinations about undue financial or administrative burden can only be made by UF’s ADA Coordinator and must be accompanied by a written rationale for that conclusion.

3.3. All Other Electronic Information Technology and Communications

All remaining technologies, including those subject to the exception under Section 3.2 above, shall not discriminate against individuals with disabilities if they are part of a program service or activity operated by the University.[12] To ensure access, the technologies covered under this section should provide substantially equivalent timeliness, privacy, independence, and ease of use to individuals with disabilities in terms of the following capabilities:

  1. Access the same information as individuals without disabilities;
  2. Engage in the same interactions as individuals without disabilities;
  3. Conduct the same transactions as individuals without disabilities; and,
  4. Otherwise participate in or benefit from the same services, programs, and activities as individuals without disabilities.[13]

A guideline, applied flexibly, for implementing this section shall be Section 508 of the Rehabilitation Act of 1973 (updated in 1998) guidelines[14] and WCAG 2.1 A/AA (or current version of WCAG).

4. Review and Adjudication

Failure to comply with this Policy may result in disciplinary action, up to and including termination. Third parties that do not comply with this policy may be permanently barred from UF’s facilities, services, or activities or subject to other restrictions.

5. References and Related Information

[1]ADA Title II regs: 35.200(b)(1) https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35200-requirements-for-web-and-mobile-accessibility#section74 (website and mobile) also in 35.130(b)(1) https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35101-purpose-and-broad-coverage#section32 (general provisions)

[2]Section 504 Regulations established by the Department of Health and Human Services in May of 2024, also have requirements about digital accessibility which may create further requirements on recipients of Federal financial assistance from the Department of Health and Human Services (45 CFR Part 84). See https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35200-requirements-for-web-and-mobile-accessibility#section53

[3]Direct Support Organizations (provided for in Section 1.004.28, Florida Statutes, and Board of Governors Regulation 9.011) are component units of UF that are organized and operated for the benefit of the university. Affiliated legal entities are component units of UF that exist for the benefit of the citizens of the State of Florida and the university’s educational mission. This Policy applies to all employees of UF Health or any of its affiliate legal entities. An affiliate of UF Health is defined as any UF Health employee (regular and temporary), faculty, staff, student, volunteer, trainee, visiting scholar, or contract personnel, or UF employee providing shared services to UF Health. For purposes of this Policy, UF Health refers to University of Florida Health Corporation; Shands Teaching Hospital and Clinics, Inc.; Shands Jacksonville Healthcare, Inc.; Shands Jacksonville Medical Center, Inc.; Flagler Hospital, Inc.; Florida Clinical Practice Association, Inc.; University of Florida Jacksonville Physicians, Inc.; and their respective subsidiaries.

[4]https://www.w3.org/TR/WCAG21/; https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35200-requirements-for-web-and-mobile-accessibility; https://www.w3.org/TR/WCAG22; https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35200-requirements-for-web-and-mobile-accessibility

[5]https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35203-equivalent-facilitation#section76

[6]https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35200-requirements-for-web-and-mobile-accessibility#section53. Additionally, see: https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35203-equivalent-facilitation#section77

[7]https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35201-exceptions#section25

[8]https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35203-equivalent-facilitation#section75

[9]https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35203-equivalent-facilitation#section75 (part d)

[10]https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35203-equivalent-facilitation#section75 (part B)

[11]https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35203-equivalent-facilitation#section75 (part e)

[12]https://www.ada.gov/law-and-regs/ada/#subchapter-ii—public-services-title-ii#section18 and https://www.ada.gov/law-and-regs/ada/#subchapter-ii—public-services-title-ii#section18

[13]https://www.ada.gov/law-and-regs/regulations/title-ii-2010-regulations/#-35205-effect-of-noncompliance-that-has-a-minimal-impact-on-access#section79

[14]https://www.federalregister.gov/documents/2021/08/11/2021-16363/federal-acquisition-regulation-section-508-based-standards-in-information-and-communication

History

History: Amended 10-20-2020, Amended 7-18-2025 (substantive).