October 30, 2024
Dr. Miguel Cardona
Secretary of Education
United States Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
Dear Secretary Cardona:
The National Federation of the Blind, the transformative member and advocacy organization for blind Americans, expresses strong opposition to the dismantling of the Digital Accessibility Unit within the Office for Civil Rights.
More and more, school districts and higher education institutions rely on online learning management systems, digital learning tools, and digital educational materials. Blind students in all education settings need these tools to be accessible and usable, but too often they are not, and these students are left out and left behind.
This year, the United States Department of Justice issued a final rule regarding the requirements under Title II of the Americans with Disabilities Act (ADA) for digital accessibility, raising awareness of the requirements and providing an explicit standard of accessibility for covered entities, including educational institutions. In addition, the Unified Regulatory Agenda indicates that the Department of Education expects to issue a similar rule under Section 504 of the Rehabilitation Act. But accessibility is not self-executing. Enforcing these accessibility obligations requires expertise in digital learning and digital accessibility. The Digital Accessibility Unit has provided exactly such needed expertise the last several years. By all accounts, the Unit has handled a large number of complaints, provided technical assistance, and improved digital accessibility at many institutions. Without a dedicated team within the Office for Civil Rights to focus on this topic, we run the risk of leaving blind students even further behind.
Digital access-related complaints must be handled effectively and efficiently by a team of investigators and attorneys with specialized expertise in digital access. As the Title II rule goes into effect in 2026, we believe there will be an even greater number of complaints to the Department of Education focusing on equal access to educational websites and applications and an even greater need for expert technical assistance needed by educational institutions. Without expert staff in place, we fear these complaints will not be handled appropriately or at all. Now is precisely the wrong time to be moving the focus away from digital accessibility. We strongly oppose this decision and ask you to reconsider the course of action to dismantle the Digital Accessibility Unit.
Sincerely,
Mark A. Riccobono, President
National Federation of the Blind