Your Title II Questions … Answered

MarisaBluestone
Community Manager
Community Manager
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Thursday

Big changes are happening in the accessibility world, and with it comes big benefits to students. The Department of Justice (DOJ) recently finalized a groundbreaking rule that sets clear and actionable standards for making web content and mobile apps more inclusive for all students. This is a welcome change, and we at Macmillan Learning have been preparing for it for quite some time.

In practical terms, these changes mean that all public colleges and universities, along with other state and local government entities, must now ensure their online platforms are fully accessible to individuals with disabilities. By aligning with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, this new rule offers a clear roadmap for creating digital spaces that welcome and empower everyone. 

These updates signal a strong commitment to equity, ensuring that all students, faculty, and community members can engage with public programs and services online. This is a pivotal step forward in building a more inclusive digital future. It’s more than a legal requirement—it’s an opportunity for instructors and colleges to lead with equity and innovation.

What are the new changes under Title II of the ADA?

Under the updated rule, all state and local government entities, including public colleges and universities, are required to make their web content and mobile applications accessible to people with disabilities. In practical terms, this means complying with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA standards.

Why are there concerns about the new guidelines?

While the changes aim to enhance accessibility and inclusivity, the implementation process poses concerns and challenges for colleges, particularly in terms of resource allocation and the tight compliance timelines of 2-3 years, depending on population size. Some colleges are worried about the logistical and financial challenges of updating vast amounts of content hosted on a variety of platforms to meet these standards. Also, the new regulations require significant technical expertise and resources, which may be challenging for institutions to allocate, especially smaller colleges. 

What does WCAG 2.1, Level AA compliance entail?

WCAG 2.1, Level AA compliance includes (but isn’t limited to) the following criteria:

  • Text alternatives: Provide descriptions for non-text content like images or charts.
  • Multimedia Accessibility: Include captions and audio descriptions for videos.
  • Adaptability: Content should be presented / displayed in multiple formats without losing information, structure or meaning.
  • Ease of Use: Enhance readability to make it easier for users to see and hear content, including good contrast and separating foreground from background.
  • Keyboard Navigation: All functionality should be available from a keyboard and other assistive technology.
  • User-Friendly Navigation: There should be clear labels, headings and navigation aids as well as different ways to help users find content, and determine where they are.

What specific web content needs to be updated?

There are very limited exceptions within the Title II update. Colleges will need to update the following web content to meet WCAG 2.1, Level AA standards:

  • Institutional Websites: All public-facing web pages, including admissions, course catalogs, and student services.
  • Learning Management Systems (LMS): Platforms like Blackboard, Canvas, or Moodle must be fully accessible.
  • Course Materials: Syllabi, lecture notes, assignments, and any other materials should be uploaded to the LMS.
  • Multimedia Content: Videos must include captions and audio descriptions.
  • Interactive Tools: Online forms, surveys, and other interactive tools must be accessible.

Are Macmillan Learning’s products WCAG, 2.1, Level AA compliant?

Our digital textbooks are accessible. They provide text-to-speech functionality, are compatible with screen readers, include text alternatives, have good contrast, and more. While printed materials themselves are not subject to digital accessibility standards, we work closely with colleges to provide accessible alternatives upon request, such as digital versions that comply with WCAG standards and are compatible with Braille devices.

Achieve and iClicker meet WCAG 2.1 standards with some exceptions. We outline these exceptions in our VPAT and are happy to meet with schools to discuss how these exceptions will impact the student experience, the accommodations we can provide, and our roadmap for making fixes. 

Is Macmillan Learning ready for the Title II update?

Yes. Accessibility is not new to us. Macmillan Learning was the first higher education company to become Global Certified Accessible by Benetech -- a standard we renew every year -- to ensure that all students are able to use our eBooks. In 2020, our commitment to accessibility resulted in winning the Accessible Book Consortium’s International Excellence Award for Accessible Publishing. We’re staying ahead of the curve with materials that are not only compliant with current standards but also designed to adapt to future accessibility requirements. Our platforms and content are improving every day.

How long do colleges have to implement Title II changes?

The compliance timeline varies based on the size of the governing jurisdiction. Large public entities must comply within two years, while smaller entities have three years. The Macmillan Learning accessibility team is happy to meet with schools to discuss how our product roadmaps fit within these timelines and our continued efforts to support students. 

What are the best practices for conducting internal audits to ensure ongoing compliance?

Conducting regular audits can ensure ongoing compliance. Here are a few tips:

  • Use accessibility tools to scan websites and flag issues.
  • Partner with IT and instructional design teams to review LMS content.
  • Regularly update VPATs (Voluntary Product Accessibility Templates) for third-party tools.
  • Gather feedback from users with disabilities to identify barriers.

Does this impact OER?

OER materials, like digital textbooks, videos, and interactive tools, will need to meet WCAG 2.1, Level AA standards to comply with Title II. Institutions using OER must ensure the resources are accessible to all students, including those with disabilities. In practical terms, this means providing text alternatives for images, graphs, and other non-text elements. It also means adding captions and transcripts to multimedia content like videos and audio files. OER platforms should also support keyboard navigation and assistive technologies like screen readers.

Non-compliance with accessibility standards could unintentionally exclude students with disabilities. To avoid this, instructors may want to learn accessibility best practices for creating new resources and use accessibility checkers or tools to audit materials before publishing them.

How does Title II address the use of emerging technologies like AI?

The updated guidelines don’t explicitly address AI, but compliance applies to any technology that facilitates learning or public services. Institutions using AI tools must ensure features like auto-captioning, predictive text, and adaptive learning platforms meet accessibility standards.

Where can I find more information and resources on these changes?

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