Title II Compliance in K-12: What EdTech Companies Overlook
- Published on: November 28, 2024
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- Updated on: November 28, 2024
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- Reading Time: 7 mins
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What Does it Mean to be Title II Compliant?
Opportunities for K-12 EdTech
Building Trust with Schools
Inclusive Design for Growth
Potential Risks of Non-Compliance with Title II
Accessibility Roadmap to Meet Compliance Deadlines
How to Approach Accessibility Compliance for EdTech
1. Initial Accessibility Audit
2. Accessibility Standards
3. Policy and Procurement Practices
4. Usability Testing and Iterative Improvements
5. Third-Party Certifications
6. Building Accessibility Knowledge and Culture
Will Title II Compliance Deliver on Its Promise?
FAQs
K-12 edtech providers have long been aware of the need for accessible products, but now a new level of urgency is emerging. With a growing emphasis on digital accessibility, the stakes are higher than ever. While Title II of ADA has been around for a while, a fast-approaching deadline for Title II compliance is acting as a wake-up call, adding new urgency to ensure products meet specific accessibility standards.
The latest updates and impending compliance deadlines mean accessibility is moving from a recommendation to a requirement — and that has a lot of edtech developers asking questions.
What Does it Mean to be Title II Compliant?
Title II of the Americans with Disabilities Act (ADA) requires public schools and other educational entities to provide equal access to their digital resources, which includes websites, online learning platforms, and educational tools.
For K–12 edtech companies, this translates into designing products — digital content, platforms, and services — that are fully accessible to students, educators, and staff with disabilities. This compliance involves:
1. Designing Accessible Digital Content: Ensuring that software, websites, and digital products are usable by people with a range of disabilities, including visual, auditory, and cognitive impairments. The goal is to ensure equal learning opportunities for all.
2. Meeting Accessibility Standards: Following established guidelines such as the Web Content Accessibility Guidelines (WCAG) to ensure your digital products are accessible.
With updated Title II requirements from the U.S. Department of Justice (DOJ), K-12 digital materials will need to comply with WCAG 2.1 Level AA standards by 2026 or 2027, depending on district size.
This update underscores the importance of creating inclusive educational resources that are accessible to all students, including those with disabilities.
What Opportunities Does Compliance with Title II Present to K-12 EdTech?
In product development, content delivery, and market positioning, Title II compliance could serve as a strategic enabler rather than just a regulatory requirement. It does so by:
Building Brand Trust and Credibility with Schools
Public schools, especially in large districts, are starting to prioritize vendors that meet accessibility standards, as this helps them avoid compliance risks and fulfill their mission of inclusivity. Products that are accessible from the ground up not only serve a broader range of students but also simplify the administrative and legal burden on schools. As a result, K-12 schools are more likely to choose products that align with accessibility requirements, giving compliant edtech providers a competitive edge in the marketplace.
Securing Long-Term Product Growth Through Inclusive Design
With Title II updates raising the bar, accessibility will increasingly become a non-negotiable criterion in procurement processes. This will drive demand for compliant products and potentially lock in customer loyalty. Over time, states are likely to adopt or strengthen their own accessibility requirements for K-12 education, further increasing the appeal of products that already meet or exceed these standards. By staying ahead of regulatory changes, companies can future-proof their offerings, ensuring sustained relevance and a stronger foothold in the K-12 market.
This positions edtech companies for sustained revenue growth as schools adapt to the DOJ’s Title II guidelines and other evolving standards. Proactively integrating accessibility aligns companies with the values and compliance needs of K-12 customers, securing a place in a growing market segment focused on equity in education.
What Are the Potential Risks If We Don’t Comply with Title II?
Non-compliance with Title II accessibility standards under the ADA is truly a disservice to students and educators who have a legal right to access. This oversight can lead to substantial financial and legal consequences, starting with fines along with possible damages if students or advocacy groups take legal action.
In fact, for the latest Title II updates, the DOJ estimated costs for remediation are :
- $113.8 million for third-party websites serving school districts.
- $1.134 billion for K-12 course remediation.
Beyond these immediate costs, non-compliance carries the risk of disqualification from lucrative contracts with public schools and districts, whose combined purchasing power makes up nearly 70% of the U.S. K-12 edtech market. For a vendor, failing to meet accessibility standards could be compared to “putting up a ‘no entry’ sign” for countless K-12 institutions actively seeking ADA-compliant solutions, risking hundreds of thousands, if not millions, in lost revenue opportunities.
Moreover, repairing a damaged reputation in the highly networked education sector is an uphill battle that can erode trust and loyalty for years. “Inclusion is not a matter of political correctness. It is the key to growth,” as Jesse Jackson wisely noted. For vendors, prioritizing accessibility isn’t just about following the rules—it’s about embracing a growing expectation, one that will likely define the future of partnerships in the K-12 space.
How Can We Create an Accessibility Roadmap to Meet Compliance Deadlines Without Disrupting Current Operations?
It’s common to assume that compliance can be addressed by tackling individual accessibility issues as they arise but this piecemeal approach can lead to an overwhelming list of tasks, draining resources and diverting attention from more strategic goals.
Accessibility compliance isn’t simply about deciding which features to prioritize; it’s about uncovering where the existing products fall short and implementing meaningful improvements without excessive costs.
How to Approach Accessibility Compliance for EdTech
Starting with a roadmap means that each change is a strategic investment, creating a more inclusive, user-friendly product that meets legal requirements and minimizes future costs by building accessibility from the ground up.
1. Initial Accessibility Audit
Conduct a thorough audit of digital tools to identify gaps and prioritize immediate improvements. This assessment can reveal “quick wins,” such as adding alt text or enabling screen reader compatibility, which are low-cost yet impactful measures for compliance.
At this stage, working closely with educational institutions to understand their specific needs regarding accessibility and gathering feedback on existing products also helps inform product development and ensure that tools meet user requirements.
2. Adhering to Accessibility Standards
Follow established guidelines like the Web Content Accessibility Guidelines (WCAG) 2.1, which provide specific criteria for accessible content, including color contrast, keyboard navigation, and compatibility with assistive technologies.
3. Policy and Procurement Practices
Publish a clear accessibility policy on the company website, outlining the organization’s commitment and approach to maintaining accessible products.
Additionally, embed accessibility requirements in procurement processes, ensuring tools and platforms meet compliance standards. This includes understanding and utilizing Voluntary Product Accessibility Templates (VPAT) to help verify compliance.
4. Usability Testing and Iterative Improvements
Conduct regular testing with users who have disabilities to identify real-world accessibility issues. Addressing these promptly ensures ongoing compliance with new standards and evolving user needs thus leading to a more user-friendly product.
5. Pursuing Third-Party Certifications
Actively seek certifications from recognized organizations that validate adherence to the quality indicators. For instance, the EdTech Index, which features more than 1700 ed-tech tools, creates a central place for buyers to see what credentials a tool has earned, and to organize those credentials according to the quality indicator they validate. This will enhance product visibility and trust among educators and decision-makers.
6. Building Accessibility Knowledge and Culture
Invest in training to develop internal accessibility expertise, equipping teams with the knowledge to integrate accessibility into the development process. Establishing a commitment to accessibility across the organization creates an environment where accessibility is prioritized in every project.
Will Title II Compliance Deliver on Its Potential and Promise?
Edtech developers are already familiar with the importance of Title II compliance, recognizing that the ADA is a federal law with implications for accessible learning.
Companies should be prepared for evolving regulatory environments. Even with potential regulatory changes, focusing on accessibility as a core value keeps your product aligned with current standards and positions you ahead of new developments. And in most cases, we have found that to be true.
When you prioritize identifying and addressing accessibility issues, you eliminate the friction caused by missed deadlines, costly rework, and compliance failures. Less organizational energy is spent on last-minute fixes, legal risks, and customer complaints. Instead, your resources are freed up to focus on the future—improving your product, innovating, and achieving your long-term goals.
So, take a structured, audit-driven approach to accessibility, and get the necessary improvements in place starting today.
With a focus on developing and improving platforms and products, Anjali is a fervent supporter of digital accessibility solutions at Magic EdTech. Anjali understands the challenges that come with balancing accessibility, time, and financial constraints. That's why she's not only passionate about creating solutions that promote accessibility but also ensures that they are practical and feasible for clients. Her approach is not just about meeting regulatory requirements; it's about making a real difference in people's lives by breaking down barriers to learning and digital inclusion.
FAQs
All digital materials that are part of the educational experience must be accessible, including core instructional content, supplementary resources, teacher guides, and parent portals. Marketing materials on public-facing websites also need to comply since they are considered part of the school's digital presence. The only exception is internal administrative documents not used by students or parents.
Videos must include accurate closed captions and audio descriptions of visual information. Live captions are required for synchronous video sessions. Video players need keyboard controls and proper labeling. Transcripts should be provided for audio-only content. The video interface itself must be navigable by screen readers and include proper color contrast.
Interactive elements need keyboard alternatives for all mouse-based interactions. Provide text descriptions of visual feedback and clear instructions for screen reader users. Include options to adjust timing, motion, and complexity. Consider multiple ways to demonstrate learning objectives. The goal is to ensure the core educational experience is equivalent for all users, even if the exact interaction method differs.
Assessment tools must provide accommodations without compromising test validity. This includes extended time options, alternative response methods, and compatible formats for assistive technologies. Security features shouldn't interfere with accessibility tools. Consider providing practice tests in accessible formats so students can familiarize themselves with accommodations before high-stakes assessments.
Partner with disability advocacy organizations and special education departments for user testing. Include students and teachers with various disabilities in your testing protocols. Compensate participants appropriately for their expertise and time. Document feedback systematically and incorporate it into development cycles. Maintain ongoing relationships with your accessibility testing community for continuous improvement.
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