In April 2024, the Department of Justice issued its final rule for Title II of the Americans with Disabilities Act (ADA). Title II requires all state and local institutions (including higher education) to meet WCAG 2.1 AA standards with their websites and mobile apps. The purpose of this rule is to ensure everyone has equitable access to information and resources with as few barriers as possible.

     UTA has a Technology Approval Process Request (TAPREQ) process for software used on campus. In addition to the TAPREQ review, UTA Libraries also reviews all acquired electronic resources annually for their effectiveness in teaching and research. In the light of the new ruling, Angela Morse, Assistant Director of Acquisitions, implemented an additional step in the library review process about a year ago by sending a list of electronic databases and journals to faculty and liaison librarians that UTA Libraries might lose access to due to not meeting the requirements of Title II. Morse collaborated with liaison librarians for feedback on how these resources were being used in coursework, research and professional development, as the Libraries were at risk of not being allowed to renew them past the April 2026 deadline (recently extended to April 2027).

     In the months that followed, Morse worked closely with Laura Hopkins and Amy Wilkes in Electronic and Information Resources (EIR), as well as Rivir Berry in the Office of Legal Affairs to establish a workflow with the DOJ requirements built into each of the steps. It was clear from the number of not yet compliant resources and their scholarly use that research and coursework would not be able to be supported if the Libraries were to unsubscribe to all of them, and the University could potentially lose its accreditation due to not supporting research and coursework for our degree programs. This led Morse, Berry, Hopkins and Wilkes to study closely the Fundamental Alteration exception argument.

     A university, particularly a research university, cannot function without access to electronic books, journals, databases and streaming media. Rather them removing them outright, the Libraries are using this justification to continue our subscriptions and access to these resources. Morse and Berry have worked closely to refine the argument over the previous year. However, we are not able to use this justification for acquiring new noncompliant resources. Staff at the Libraries are evaluating new acquisitions on a case-by-case basis on how they support new and existing research and coursework and their impact on accreditation.

     Morse also worked closely with many of our library content vendors on their compliance issues.  She has provided them with the EIR Accessibility scorecard developed by the EIR office so that they know what needs to be fixed and met with their accessibility and sales teams to discuss the impacts of noncompliance on both UTA and their companies. Many vendors have been receptive and have either resolved their issues or have a clear roadmap and are making efforts to resolve their issues. She also met with colleagues from other universities to discuss how UTA Libraries is navigating Title II and share ideas on how to keep access to resources without incurring penalties.

     The UTA Libraries staff continue to partner with campus stakeholders and vendors to address and improve accessibility. If you have questions, please reach out to angela.morse@uta.edu. To report accessibility issues, please contact erms@uta.edu.