Tightening Title II: A blueprint for digital accessibility in higher ed

Key points:

• The new rule on digital accessibility heightens scrutiny
• A strategic approach to meet the 2026 digital accessibility mandate
• Accessibility in education: Strategies for compliance with ADA Title II updates
• For more on digital accessibility, visit eCN’s Teaching & Learning hub

The U.S. Department of Justice’s (DOJ) recent rule under Title II of the Americans with Disabilities Act (ADA) demands immediate attention from public higher education institutions. For years, the ADA lacked clear, technical standards for digital accessibility, leaving many institutions uncertain about how to meet compliance requirements in a digital-first world. This ambiguity often resulted in gaps that left students with disabilities facing barriers to education. With WCAG 2.1 Level AA as the official compliance standard, public colleges and universities have a clear roadmap to upholding their digital accessibility obligations under Title II. 

Organizations must comply by April 2026 or April 2027 (depending on population size) or risk legal and reputational consequences. In higher education, digital accessibility is more than a compliance imperative. As digital platforms become central to nearly every aspect of campus life–from enrollment and coursework to community engagement–learning institutions prioritizing digital accessibility demonstrate a powerful commitment to meeting every student’s needs.

Yet, with changes come inevitable challenges. By taking an informed, systematic approach, organizations can successfully navigate the complexities of compliance and provide equitable experiences for students.

Decentralization and the accessibility paradox

Universities often face unique hurdles when implementing accessibility measures. One major challenge is decentralized content creation. With disparate departments, faculty, and external contributors creating digital content independently, inconsistencies in accessibility are common. Admissions websites, athletics websites, and learning materials may be managed by different teams using different tools, and accessibility practices must be tailored to each situation.

Another complication is managing vendor relationships. Universities often depend on various third-party tools and services, including learning management systems (LMS), testing platforms, and specialized software platforms for specific courses. These products may contain accessibility barriers that institutions themselves cannot address.

Fortunately, there are strategic steps institutions can take to work through difficulties and meet the ADA Title II requirements.

Building an accessibility roadmap

Addressing accessibility begins with a clear and actionable plan that goes beyond legal obligations, ensuring every student, regardless of disability, has equal access to education. Public higher education institutions can take the following steps to start working toward compliance and creating a more inclusive digital environment.

1. Understand and plan
   Start by establishing accountability and processes for the work ahead. Assemble a cross-functional working group that will set accessibility policies and assign roles and responsibilities. This group may include stakeholders from your ADA or disability office, your information technology (IT) department, your instructional design department, and your procurement department. Ensure people with disabilities are represented in this working group.
   
   
2. Inventory your digital assets
   Map out websites, applications, and other digital content used by current and prospective students and faculty. Determine who owns each asset, and what, if any, practices are in place to support its accessibility. This will help you understand the full scope of your digital portfolio and where there are gaps in your existing approach to accessibility. Importantly, this inventory should include third-party tools purchased by your organization. Third-party technology is covered by Title II, so you’ll want to evaluate current and new vendor contracts to confirm compliance.

3. Audit and test for accessibility issues
   Once your inventory is complete, you’re ready to evaluate the accessibility of your digital assets. Automated testing tools can help you establish a baseline for accessibility. But while automated tools are effective for identifying common issues, they cannot catch everything. Regular manual audits by experts help identify more complex barriers requiring human judgment. These audits should focus on important user journeys and include use case testing, in which a tester with a disability attempts to complete a core task (such as enrolling in a course or accessing homework assignments) and provides information about any issues they encounter.

4. Address issues and build with accessibility in mind
   While addressing all issues surfaced in testing may feel overwhelming at first, you can streamline this process by prioritizing strategically. Start with barriers in high-traffic assets, like your primary website, and issues with the greatest impact on users. To reduce the need for future fixes, equip teams with tools and training to proactively incorporate accessibility into the design and development of new digital experiences. Training programs should extend beyond web developers to include faculty, administrators, and other staff involved in creating and managing digital content.

5. Establish governance and report on progress
   Digital accessibility is an ongoing effort, and governance and reporting are needed to maintain accountability over time. Use monitoring tools to track your progress and surface new issues as they arise. You should also create channels for users to provide feedback about accessibility barriers they encounter, and swiftly respond to this feedback. Document and report on improvements and opportunities to help stakeholders understand the impact of their efforts, and ensure that digital accessibility remains a priority.

Risks of non-compliance

Failing to meet the DOJ’s standards can lead to severe consequences. Many universities have already received lawsuits from organizations and individuals who believe their rights under Title II were violated. The new rule on digital accessibility heightens scrutiny, with non-compliant organizations risking a tide of private litigation.

Beyond immediate legal ramifications, non-compliance with Title II damages organizations’ reputations. Lawsuits and public criticism can tarnish an institution’s image, undermining trust and credibility.

Financial penalties further raise the stakes. Lawsuits, fines, and settlements can strain budgets, particularly for publicly funded institutions. Additionally, proactively addressing accessibility is far less costly than taking the reactive measures mandated by many settlements.

The future of digital accessibility in higher education

Achieving compliance is a long-term and continuous process. With the 2026 and 2027 deadlines approaching, institutions must move decisively to implement accessibility strategies that align with Title II requirements. While addressing accessibility requires time and effort, the benefits of inclusive digital environments are profound. By embracing accessibility as a fundamental value, public colleges and universities can set a powerful example of social responsibility in education.

About the Author:

Jon Avila is the Chief Accessibility Officer at Level Access.