• The Department of Justice (DOJ) clarified that the requirements apply to content that “the public entity provides or makes available, directly or through contractual, licensing, or other arrangements.”

• In this example, it is unlikely that licensed e-resources will fit under an exception, which means the regulation's requirements are applicable. To meet the requirements, public entities can prioritize remediating this content so that it is in compliance with WCAG 2.1 Level AA.

• Q. Are libraries expected to make all requested interlibrary loan items accessible, or can this be done on an on-demand/as needed basis? Such as with a checkbox on the request form inquiring whether accessibility is desired.

   

  A: Because ILL is a service offered by the library as a part of its activities, programs, and services, it's not likely materials going through ILL will meet any exception. 
  
  If considering the secure individualized electronic document exception, these scans are not about a person or their account and so will not likely fall under that exception.
  
  It is up to your legal experts to determine how to apply this exception to interlibrary loan, and if offering remediation upon request is sufficient to address any accessibility requirements.

• Q. As interlibrary loan is a shared-library activity — who has the liability for making the scanned items accessible? The borrowing library, the library who lent the scanned item, or both?

   

  A: The library that is providing the service to the patron. So, if library A's patron wants a document, it's library A's responsibility to provide access to an accessible version of the file. 
  
  That could be accomplished by requiring that the lending institution make it accessible, or library A might have an internal process to verify and remediate accessibility of an incoming document. This is similar to the third party exception in that the third party isn't taking on the risk, the library that is using the service is.

1 more annotation...

• Content posted by a third party, unless the third party is posting due to contractual, licensing, or other arrangements with the public entity.