Title II of ADA: Ensuring Equality and Inclusivity For Higher Education

Earlier, accessibility in education received very little attention. But as technology advanced, the once unimaginable has become achievable.

In the pursuit of education, learners must never be left behind. Each individual deserves a chance to succeed and grow, regardless of their abilities. Yet, barriers related to accessibility often prevent the full participation of the learners, especially individuals with disabilities.

Within these challenges lies a call for all educational institutions and organizations to support accessibility as a means to pedagogical freedom and learner autonomy rather than only as a mandate.

Title II of ADA is this beacon of hope. It states that public institutions, including higher education, ensure that individuals with disabilities can have full access to programs, services, and activities. By leveraging the combination of Title II and technology, higher education institutions can implement a wide range of accessibility tools and resources, creating an environment where every learner can thrive and reach their fullest potential. Let’s dive deeper into it.

 

What is Title II?

Title II of the Americans with Disabilities Act (ADA) was enacted as part of the broader ADA legislation, signed into law on July 26, 1990, by President George H.W. Bush. Over the years, Title II has been instrumental in shaping how public services accommodate individuals with disabilities, reinforcing the principle of equal access and non-discrimination in the public sector.

Title II is divided into two subtitles: A and B. Subtitle A addresses all state and local government programs, services, and activities, while Subtitle B outlines requirements for public transportation systems, such as regional transit authorities. This blog will focus on Title II – Subtitle A, specifically from an education standpoint.

Title II of the Americans Disabilities Act (ADA) focuses on ensuring equal access to higher education for students with disabilities. The primary goal of Title II is to protect qualified individuals with disabilities based on accessing services, programs, or activities and requiring institutions to provide accommodations and auxiliary aids.

This federal law comes with a deadline based on the size of the public entity. For large districts and state universities in areas with a population of 50,000 or more, the deadline is April 24, 2026. Smaller school districts and special district governments, including those in areas with fewer than 50,000 residents, have a deadline of April 26, 2027. However, these deadlines vary based on the size of the institution to meet the new accessibility standards. So what does it change for higher education?

 

How to Implement Title II For an Accessible Higher Education Future

There is significant resistance to change within higher education, where traditional teaching methods are still prevalent. These methods often fail to accommodate diverse learning styles, especially for learners with disabilities.

Even after the adoption of technology, challenges can arise from improper technology infrastructure that could hinder effective learning. Title II promises inclusivity, but for this, it does require technical accessibility improvements across multiple platforms.

Technical changes resulting from the implementation of Title II

To implement Title II successfully, websites must adhere to Web Content Accessibility Guidelines (WCAG). This will ensure websites are easily navigable by screen readers and other assistive technologies.

Online learning platforms used by institutions should offer customizable interfaces and provide tools to support diverse learning styles, such as text-to-speech and speech-to-text functionalities.

Multimedia content, like videos and podcasts, must include captions, transcripts, and audio descriptions to be accessible to all students.

Educational software and applications need to integrate accessibility features such as voice commands, alternative input methods, and high contrast modes.

To support these efforts, institutions should install software like Content Management Systems (CMS) and Learning Management Systems (LMS) to enhance digital accessibility and ensure all learners can participate in the academic experience.

 

What Challenges Does Higher Ed Face While Implementing Title II?

While Title II aims to provide equal access to public services and programs, there are several challenges to overcome when implementing it in the context of higher education. However, these challenges can be effectively addressed through strategic approaches.

1. Financial Constraints to Implement Title II

Although Title II requires educational institutions to provide accessible resources and materials, they often face financial constraints in upgrading their technology, infrastructure, and training staff. This can be mitigated by connecting with government agencies, non-profits, and private foundations that offer grants to support the integration of accessible technologies and resources in educational settings. These partnerships can result in in-kind donations and discounted services, enhancing accessibility without straining the institution’s budget.

2. Academic Freedom and Pedagogical Concerns

Faculty members often value their academic freedom in selecting teaching methods, materials, and resources, which might lead to resistance to fully embracing accessibility standards. To address this, institutions can offer training and professional development programs demonstrating how accessible teaching practices can enhance, rather than hinder, pedagogical goals. Involving faculty in developing accessibility initiatives can foster a sense of ownership and collaboration.

3. Managing Compliance Fatigue from Accessibility Standards

Ongoing efforts and requirements to maintain compliance with accessibility standards can lead to compliance fatigue, potentially causing lapses in accessibility. To combat this, institutions can establish a dedicated accessibility task force to oversee and streamline compliance efforts. Identifying key stakeholders passionate about accessibility can ensure that responsibilities are distributed and manageable.

4. Maintaining Effectiveness and Practicality

Ensuring that educational materials are accessible to all learners requires significant time, effort, and resources. Continuously updating digital content to meet changing accessibility standards can be complex and demanding. Institutions can maintain effectiveness by focusing on initiatives with the greatest impact, ensuring that accessibility enhancements align with educational objectives. Regularly updating and reviewing accessibility policies and procedures to reflect evolving standards and best practices is also essential.

Institutions should also develop clear accessibility standards that govern the procurement of digital tools, user testing protocols, and the inclusion of an accessibility statement on all university websites and communications.

Involving individuals with disabilities in user testing to evaluate the accessibility of digital platforms and educational resources can help address barriers effectively. By taking these steps, higher education institutions can easily overcome challenges related to implementing Title II of ADA and provide a more accessible and inclusive environment for all students.