Learning and Design leaders (or as we call them, Agenda Movers) are wearing more hats than ever. You are managing accounts, assessing participant feedback, keeping up with ever-changing regulations, and navigating uncertainties with a dash of hope for the future. You may be juggling SMEs, stakeholders, deadlines, and now, a new federal accessibility rule with a countdown clock. This deadline isn’t here to make your life harder—it’s here to make learning better for everyone. That means rethinking how you scope, review, and approve digital learning content, especially when it’s being built outside your team.

We get it. Web accessibility standards and the federal laws that reference them are complex and technical. There is a renewed sense of commitment (and urgency) to ensure accessible web content in the public sector due to a recent rule change under the Americans with Disabilities Act, or ADA.  Under the ADA Title II, local and state governments, and those contracted to work with them, are required to meet WCAG 2.1 Level AA standards on websites and digital assets by April 24, 2026. That includes e-learning assets like training modules, online learning libraries, compliance courses, and digitally accessed community resources.

So, what does this mean for you? Let’s find out.

How Did We Get Here? Why Now?

In 1990, the Americans with Disabilities Act (ADA) was enacted following years of advocacy highlighting the need to eliminate physical barriers and ensure equal access for individuals with disabilities. At the time, the internet was in its early stages and not widely utilized, so the ADA did not explicitly address digital accessibility.

As the internet became more widespread, the World Wide Web Consortium (W3C) developed the Web Content Accessibility Guidelines (WCAG) to promote digital accessibility. These standards are reviewed and updated regularly, which is where version numbers like 2.0, 2.1, and 2.2 come from.

Guided by these global standards, many private entities adopted WCAG to enhance digital accessibility, and some public entities integrated it into their policies and practices. In 1998, Section 508 of the Rehabilitation Act was amended to require that federal agencies’ electronic and information technology be accessible to people with disabilities. While Section 508’s standards are influenced by WCAG, they are not identical. Additionally, Section 508 applies to federal agencies and, in certain cases, to entities receiving federal funding or contracts. So, what about other levels of government? That’s where ADA and Title II come in. While the ADA has long required accessibility in digital spaces, the recent ruling introduces specific technical standards, mandating that state and local governments ensure their web content and mobile apps comply with WCAG 2.1 Level AA. 

Does This Apply to Me?

As a state or local government entity, you may have heard about the required updates and an April 2026 deadline. You may also already follow accessibility standards through a state mandate or connection to federal funding. Even if you’ve adhered to WCAG 2.0 or Section 508 in the past, it doesn’t hurt to give your learning assets another review in the next few months so there’s time to address updates.

If you’re not sure if you are considered public, private, or somewhere in between, it’s a good idea to check with your legal counsel. Our understanding is that if a state or local government site is directing users to YOUR site because you have a contract, partnership, or agreement to service their constituents, you also have to comply to remain connected to that public entity. However, merely being referenced on a public site doesn’t compel a private organization to comply. It’s all about the relationship between organizations and the services they provide.

As a private organization, web accessibility guidelines may be new to you, or maybe you’ve elected to follow WCAG already. Regardless, as public entities make updates, they may be assessing their linked materials to avoid sending users to an inaccessible site. If that happens, links to digital resources that do not meet WCAG could be removed, and you could miss out on valuable site visits, user encounters, overall exposure, or even subscription touchpoints. This is another reason it’s a good idea for all organizations, including private entities, to put accessibility at the top of the priority list.

What’s Next?

If you are a state or local entity, a good first step is to talk with your information technology department, communications department, or compliance office to get organizational guidance. If your organization is running accessibility compliance reports to identify errors, that will help flag issues directly. Once you have this report, Vivayic can help scope the updates necessary to ensure compliance. We are already partnering with various organizations that have identified the need for updates, from single courses to a massive library of over 120 modules and quizzes.

If you’re a private or semi-private entity, check with your legal counsel to understand if and how you might be impacted. Because of the third-party agreement language in the ADA Title II ruling, even non-public entities that partner with institutions like universities, state governments, or public hospitals are affected. If this is you, and you’re unsure where to start, Vivayic can do a sample audit and assess some of your e-learning materials to uncover areas for improvement in compliance.

Once you have clarity around expectations, Vivayic can also partner with you to make updates. We are experts in understanding how these WCAG standards apply to e-learning, specifically with Articulate Storyline, Articulate Rise, and Canvas LMS. There are ways to preserve meaningful interaction AND meet compliance, it just takes some practice and know-how! We incorporate accessibility checks on design-builds at every stage to find creative solutions early and ensure the final product can be an accessible and equitable experience for all learners.

Bottom Line for L&D Agenda Movers

Regardless of your status under the ADA, meeting web accessibility guidelines is simply good practice, especially in learning and development. It shows a deep empathy and commitment to honoring the diversity of learners, promoting equal and fair access in e-learning. Right now, someone is trying to access a publicly available resource, and they are encountering a barrier due to inaccessible design. That’s a problem. But in the L&D world, we can commit to making a difference.

In our next article, we explore four scenarios to better understand how and when ADA Title II applies. These scenarios cover K-12 public education, open-access community resources, public healthcare, webinars, compliance training, and more. Read the article here.