Understanding Title II – What Educational Institutions Need to Know
By Michael Tran, posted on January 30, 2025
What is Title II?
Title II is a ruling of the Americans with Disabilities Act (ADA) that was signed into law in 1990 that ensures individuals with disabilities are not discriminated against in programs and services provided by state and local governments. This includes a wide range of public entities, including public school districts, community colleges, and public universities.
What has changed with Title II?
In April 2024, the Department of Justice released updates to the requirements of Title II to focus on digital accessibility to ensure resources such as school websites, online platforms, and any digital tools are accessible to individuals with disabilities. Recent compliance deadlines to the Title II ADA regulations give educational institutions a limited time to comply.
What is the deadline for compliance with Title II?
Compliance deadlines can vary based on the size and geographic population of the institution. The deadline is not based on number of students or library patrons.
- Large Entities: Institutions that serve a population of 50,000 or more must comply by April 2026.
- Small Entities: Those with smaller populations have until April 2027 to meet these accessibility standards.
What resources must be compliant?
Title II goes beyond accessible websites or student-facing resources. Educational institutions must evaluate all digital resources, including but not limited to:
- Public-facing websites and social media accounts
- Learning management systems (i.e., Canvas, Google Classroom, Schoology, etc.)
- Library management systems (Follett, Mackin, etc.)
- Online course materials and digital textbooks
- Online databases (EBSCO, Rosen, Britannica, etc.)
- Employee-facing resources and portals
- Materials for parents
- Bulletin board content
- School lunch menus
Does this only apply to students with disabilities?
No. The responsibility to ensure accessibility applies universally, regardless of whether specific individuals with disabilities are enrolled. Educational institutions must adopt a proactive rather than a reactive approach regarding accessibility.
What are the penalties for non-compliance with Title II?
Penalties for non-compliance with Title II can vary. The Office for Civil Rights (OCR) at the US Department of Education will aim to resolve issues without being punitive and ensure that barriers are removed. However, they may seek injunctive relief to correct the issues, which could include monetary damages being pursued, although it is not standard procedure.
Educational institutions are also exposed to civil lawsuits under state laws. Individuals can seek damages from educational institutions due to violations of federal law, depending on the state regulations. For example, the Los Angeles Community College District was sued in 2024 by two blind students and the National Federation of the Blind for failing to make their math courses accessible for screen readers.
What should I do now?
When thinking about your Title II compliance strategy at your organization, start with this checklist:
- Catalog digital resources: Institutions should create a comprehensive inventory of all current digital resources and platforms. This includes websites, course materials, and any third-party applications.
- Review vendor contracts: As many institutions rely on external vendors for digital content, it’s crucial to review contracts to ensure they include specific provisions for accessibility and clearly outline their expectations regarding compliance with Title II.
- Educate stakeholders: Training programs should be developed for faculty, IT staff, and procurement officials to better understand accessibility standards and their role in implementation. This cross-departmental education is vital for creating a culture of accessibility.
- Implement ongoing training and support: Regular workshops and training sessions can help staff stay updated on best practices for accessibility, ensuring that all new digital resources meet compliance standards.
- Engage with experts: Work with organizations like Benetech, who can help you navigate the complexities of Title II compliance with accessibility audits, professional development resources, and more.
Resources from the Department of Justice, Civil Rights Division
For further guidance, the Department of Justice has published resources that outline the changes and expectations regarding Title II compliance. These documents serve as a roadmap for educational institutions to align their practices with the new requirements.
Get help with your Title II compliance strategy
By understanding and addressing Title II compliance requirements today, educational institutions can demonstrate their commitment to equal access for all students and get ahead of upcoming deadlines.
With 25 years of expertise in accessible technology development, Benetech has created more equal learning opportunities for learners in over 40,000 US schools and in over 70 countries. We are committed to helping education organizations create more inclusive learning environments and navigate the complexities of Title II of the ADA.
Benetech is currently working with a select number of educational institutions on Title II compliance. Learn more about Benetech’s solutions and contact us to get started on your Title II compliance strategy.