Title II Compliance Requirements Overview
Title II and the ADA Impact on Benetech’s All In
By George Kerscher
Introduction
Benetech has always been at the forefront of “Tech for Good,” leveraging technology to improve the lives of people with disabilities. Our long-standing commitment is evident through various initiatives and programs, all aligning with our mission to foster accessibility and inclusion. As we approach the Title II ADA requirements going into effect in April 2026, our successes are even more important to emphasize.
Bookshare, a cornerstone of Benetech, stands as the world’s largest collection of accessible titles for people who are blind or print-disabled. This monumental effort reflects our unwavering commitment to providing equal access to educational resources. The Global Certified Accessible (GCA) program further underscores our impact, driving the creation of Born Accessible educational materials and embedding accessibility into the very culture of education.
Our leadership in standards, through active participation in organizations like the W3C and the Web Accessibility Initiative (WAI), sets the legal requirements for accessibility practices. We have contributed to the Maturity Model, demonstrating our role as an inclusive and diverse organization that leads by example. This model now guides our company practices, showcasing our capability to assist others in their accessibility journey. Bookshare’s customer service is exceptional, characterized by representatives who have lived experiences with disabilities. Be it in the field, online, or on the phone, this firsthand understanding ensures that we provide empathetic and knowledgeable support, helping users navigate the platform effectively. Their dedication and insight create a truly inclusive and supportive experience for all members.
With nearly 25 years of service, Benetech and Bookshare continue to stand as trusted allies in the realm of accessibility. As we align our All In activities with the impending ADA Title II requirements, our legacy and ongoing efforts remain a testament to our dedication to making the world a more inclusive place for all.
Title II ADA Compliance for K-12 Schools and Universities
Starting in April 2024, the updated Title II of the Americans with Disabilities Act (ADA) introduces new requirements for state and local governments, including K-12 schools and universities that receive federal funding. These institutions must ensure that their digital content—including websites, LMS, digital documents, apps, and software—is accessible to individuals with disabilities.
Key Requirements
- Accessible Materials from Publishers
Schools and universities must obtain digital learning resources that comply with the Web Content Accessibility Guidelines (WCAG) 2.1 AA standards. Alternatively, schools can provide timely and substantially equivalent access to educational materials for students with disabilities. Institutions must ensure that students with disabilities have access to learning materials (e.g., textbooks, lecture notes, digital content) at the same time as their peers. Materials must meet accessibility standards and be provided without unnecessary delays to avoid disadvantaging students.
- Website and Learning Management Systems (LMS) Accessibility
Institutions must ensure that their websites and LMS platforms are accessible to both instructors and students with disabilities. This includes providing support for accessible content creation and ensuring the LMS is usable by individuals with various disabilities.
- Documents Produced by Schools and Professors
All digital documents, including course materials, assignments, and exams, must be accessible.
The Benetech Challenge
Positioning Benetech in the eyes of schools and universities is not just a strategic move; it is essential for establishing our credibility. Our unwavering commitment to accessibility, deep expertise in compliance standards, and proven track record of successful implementations make us an invaluable partner. By showcasing our strengths—such as our cutting-edge accessibility certification services for publishers (GCA), our Bookshare implementation, and ongoing leadership in WAI accessibility standards—we can solidify our role as the go-to solution for educational institutions striving to meet their legal obligations under Title II of the ADA and serve all students equitably. Let us ensure they know we are the experts they can trust to navigate this complex landscape.
Benetech is committed to a collaborative approach, working closely with the institution’s leadership, CIO, IT department, and cross-disciplinary educators, including Special Education teachers. We understand that achieving true accessibility requires a coordinated effort across all levels. By partnering with your dedicated team, we can ensure that our combined expertise leads to the effective implementation of accessible solutions. This collaboration allows us to address specific needs, share best practices, and deliver comprehensive support, addressing Title II ADA requirements.
Addressing Buying Born Accessible – Meets Key Requirement 1
Benetech stands ready to partner with educational institutions to streamline and enhance their procurement processes for educational materials. By conducting a thorough inventory and cataloging of their purchases from publishers, we can ensure that the materials meet accessibility standards. It is the publisher’s responsibility to provide accessible offerings, but institutions hold significant leverage as customers. Leveraging this power, they can demand compliance with accessibility requirements.
Benetech can assist by cross-checking publishers against the Global Certified Accessible (GCA) database to identify which publishers meet the required standards. If a publisher falls short, Benetech will act on behalf of the educational institution to collaborate with the publisher, guiding them towards obtaining GCA certification. This partnership ensures that all educational materials are accessible, benefiting students and fostering an inclusive learning environment.
Website and LMS Assistance – Meets Key Requirement 2
Benetech’s commitment to ensuring digital accessibility includes comprehensive monitoring, testing, reporting, and tracking of issues on educational institutions’ websites and Learning Management Systems (LMS). Benetech offers tailored assistance based on the institution’s needs, from extensive support to a lighter touch. By performing regular audits and generating detailed reports, we identify and address accessibility gaps promptly. Our collaboration extends to partnering with other organizations, ensuring that any issues are resolved efficiently and effectively. This comprehensive approach ensures that the institution’s digital presence remains compliant and accessible, fostering an inclusive environment for all users.
Educator Produced Content – Meets Key Requirement 3
Benetech offers a robust suite of training resources to help educators create accessible materials, ensuring compliance with Title II of the ADA. Our programs empower educators with the skills needed to design inclusive content. Additionally, our services allow for the upload of educational materials to Benetech, where our advanced Page AI technology transforms them into the most accessible versions possible. This includes converting images of math into accurate MathML. We provide remediated documents in various formats, including HTML, Word, EPUB, DAISY, and braille, ensuring all students can access the educational content they need.
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