Be Prepared: New Title II ADA Updates Impact K12 Suppliers

October 17, 2024
Back to Blog

The Department of Justice has issued a game-changing update to Title II of the Americans with Disabilities Act (ADA). Now, schools at every level—from early childhood through postsecondary institutions—must ensure all digital learning resources are fully accessible to students with disabilities.

For edtech suppliers, this means your products must meet strict accessibility standards.

Here’s what you need to know to support the schools and districts you serve.

What is Accessible?
“Accessible” means that learners with disabilities are “afforded the opportunity to acquire the same information, engage in the same equivalent ease of use.” interactions, and enjoy the same services as a learner without a disability in an equally effective and equally integrated manner, with substantially.

– Joint Letter from the US Department of Justice & US Department of Education, June 29, 2010

5 Things K12 Suppliers Need to Know (And Do)

To comply with this new rule, here are five key actions for Pre K-12 and higher education suppliers to take:

1. Meet Increased Accessibility Requirements in RFPs: Educational RFPs will now prioritize accessible products. Suppliers must ensure their offerings meet Title II’s standards to serve all students.

Action Steps:

2. Ensure All Digital Content Is Accessible: All digital content, including e-books, online courses, teacher-created content, educational apps, and any content shared with families, must be accessible.

Action Steps:

3. Provide Professional Learning and Support: Schools will require training and support to use accessible products effectively.

Action Steps:

  • Provide comprehensive training and support materials for educators and administrators on utilizing your products in an accessible and effective manner. This can include user guides, webinars, and customer support services.
  • Leverage the What and Why of Inclusive Technology Video and facilitator guides by the Center for Inclusive Technology and Education Systems.

4. Implement Reasonable Modifications: Suppliers must be prepared to make reasonable modifications to their products and services to accommodate the needs of students with disabilities.

Action Steps:

  • Be flexible and responsive to requests for modifications. This might involve customizing software settings, providing alternative formats, or offering additional assistive technologies.
  • Utilize the Universal Design for Learning Framework to help ensure your products meet the needs of all learners, as referenced in the National Education Technology Plan 2024.

5. Understand Legal and Compliance Risks: Compliance with Title II is an ongoing process that requires staying up-to-date with legal requirements and best practices. Non-compliance with Title II can result in legal actions and penalties.

Action Steps:

By understanding this information, K-12 suppliers can ensure their products and services meet the needs of all students and comply with ADA regulations.

If you need more help, engage with CAST’s accessibility experts, participate in professional learning opportunities, contact CAST’s Accessibility Team, and review the Accessibility Baseline for the Universal Design for Learning Product Certification.

Categories:

Education Leaders

About the Author

About the Authors

Christine Fox

Vice President, Operations

,

CAST

Christine Fox is the Vice President of Operations for CAST. Before joining CAST, Christine served as the Senior Director of External Relations for the Consortium for School Networking (CoSN) and was the Deputy Executive Director, for the State Educational Technology Directors Association (SETDA) for over 16 years.

Michelle Soriano

Technical Assistance Specialist

,

CAST

As a Professional Learning - Accessibility Specialist at CAST, Michelle Soriano promotes inclusive, equitable, and accessible instructional opportunities for students who receive special education services through the use of accessible educational materials and technologies.