Section 504 & Section 508 Compliance
Video accessibility requirements for institutions receiving federal funding and programs developed with federal grants. Essential compliance guidance for private colleges and workforce development initiatives.
Not All Accessibility Law is the ADA
Many institutions focus solely on ADA Title II compliance, but if your college or university receives federal funding (and nearly all do), you're also subject to Section 504 of the Rehabilitation Act. Workforce development programs and federally funded initiatives must also meet Section 508 standards.
HHS Section 504 deadlines: May 11, 2027 and May 10, 2028
In May 2024, HHS published a final rule requiring recipients of HHS federal funding to meet WCAG 2.1 Level AA for web content, mobile apps, and kiosks. In May 2026, HHS OCR issued an interim final rule extending compliance by one year: organizations with 15 or more employees must comply by May 11, 2027; smaller organizations by May 10, 2028. Read our full breakdown.
Common Misconception
Myth: "We're a private university, so ADA Title II doesn't apply to us. We're off the hook for video accessibility."
Reality: Private institutions that receive ANY federal funding (including Title IV student loans, Pell Grants, research grants, or federal contracts) must comply with Section 504, which has similar accessibility requirements to the ADA.
Understanding the Compliance Landscape
Section 504 of the Rehabilitation Act
Applies to: Any institution receiving federal financial assistance
What it says: "No otherwise qualified individual with a disability 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."
Federal Funding Includes:
- Title IV student financial aid (loans, Pell Grants)
- Federal research grants (NIH, NSF, DOD, etc.)
- Federal contracts
- Medicare, Medicaid, CHIP
- Workforce development grants (WIOA)
- Veteran education benefits (GI Bill)
- TRIO and other student support programs
- Federal work-study programs
- Head Start, TANF, SNAP, and other HHS programs
Section 508 of the Rehabilitation Act
Applies to: Federal agencies and federally funded programs developing electronic content
What it says: Federal agencies and programs funded by federal agencies must ensure their electronic and information technology is accessible to people with disabilities, including employees and the public.
When Section 508 Applies to Higher Ed:
- Workforce development programs funded by DOL or state agencies
- Training materials developed under federal grants
- Federally funded research projects with public deliverables
- Content developed for federal agency partners
- Programs serving federal employees or military personnel
How Section 504 & 508 Apply to Video Content
Both Section 504 and Section 508 reference WCAG 2.0 Level AA (and now WCAG 2.1 Level AA) as the technical standard for web accessibility. For video content, this means:
All prerecorded video with audio must have synchronized captions. Captions must be accurate, synchronized, complete, and properly formatted. This is the most basic requirement and applies to all videos.
Audio-only content (podcasts, recordings) must have text transcripts. Video content should provide descriptive transcripts that include both spoken dialogue and visual information descriptions.
Video that conveys visual information essential to understanding must include audio descriptions. This narrates important visual elements during pauses in dialogue or extends the video to include descriptions.
Live or streaming video (e.g., Zoom classes, webinars, district board coverage, extracurricular assemblies, athletics, concerts, or other live-streamed events) must have real-time captions provided through CART (Communication Access Realtime Translation) services or live captioning technology.
Public-facing broadcasts embedded on a school district website deserve the same live caption scrutiny as sanctioned classroom tools: captioning archived copies on social platforms alone rarely satisfies families who tuned in contemporaneously unless your counsel documents a specific alternative access plan aligned with OCR expectations.
Section 504 vs. ADA Title II: What's the Difference?
For most practical purposes, Section 504 and ADA Title II have similar requirements for accessibility. The main differences are in who they apply to and how they're enforced.
| Aspect | Section 504 (HHS) | ADA Title II |
|---|---|---|
| Applies To | Any entity receiving federal funding (public or private) | State and local government entities (public colleges only) |
| Private Colleges / Healthcare | Yes, if receiving federal funding (including Medicare/Medicaid) | No (ADA Title III applies instead) |
| Public Colleges | Yes | Yes |
| Compliance date (larger entities) | May 11, 2027 (15+ employees; extended from May 2026) | April 26, 2027 (extended from April 2026) |
| Compliance date (smaller entities) | May 10, 2028 (<15 employees; extended from May 2027) | April 26, 2028 (extended from April 2027) |
| Covers kiosks? | Yes, explicitly | No |
| Enforcement | HHS Office for Civil Rights; loss of federal funding | U.S. Department of Justice (DOJ) |
| Technical Standard | WCAG 2.1 Level AA | WCAG 2.1 Level AA |
| Remedies | Loss of federal funding; private lawsuits | Fines, lawsuits, injunctive relief |
Who Enforces Section 504 and Section 508?
Office for Civil Rights (OCR)
The U.S. Department of Education's Office for Civil Rights enforces Section 504 for educational institutions.
How Complaints Work:
- Student or parent files OCR complaint
- OCR investigates institution's accessibility practices
- If non-compliant, OCR issues findings and resolution agreement
- Institution must implement changes and provide documentation
- Failure to comply can result in loss of federal funding
Private Right of Action
Students can also sue directly under Section 504 for damages and injunctive relief.
Recent Lawsuits:
- Student sued university for inaccessible course videos under Section 504
- Court held that failure to provide captions violated Section 504
- University settled for damages plus agreement to caption all course content
- Institution paid legal fees for both sides
Compliance Checklist for Section 504 & 508
Does Your Institution Comply?
If you checked fewer than 7 boxes, your institution may be at risk for Section 504 complaints or OCR investigations. Contact Recap to discuss a remediation plan.
How Recap Ensures Section 504 & 508 Compliance
All Recap services are designed to meet or exceed WCAG 2.1 Level AA standards, ensuring compliance with both Section 504 and Section 508 requirements.
- 98.5%+ accuracy for captions with AI+human review tier
- Audio descriptions available for videos with visual content
- Searchable, downloadable transcripts for all content
- WCAG 2.1 AA compliant video player and platform interface
- Live captioning / CART services for real-time events
- Compliance documentation for OCR audits
- Training for accessibility coordinators
Ready to make your videos accessible?
Your compliance deadline isn't moving. Your timeline can. Give your accessibility working groups the single point solution they need for all videos needing accessibility remediation.