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Achieving ADA Title II Compliance: A 10-Step Guide for SBDEs

By UsableNet on Aug 6, 2024
Topics: Web Accessibility, Title II

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As digital landscapes evolve, the new ADA Title II compliance requirements present both a challenge and an opportunity for SBDEs. Ensuring your digital services are accessible isn't just about meeting legal obligations—it's about fostering inclusivity and avoiding potential legal risks. This 10-step guide provides SBDEs a clear path to achieving full ADA Title II compliance, ensuring their organizations are proactive and protected.

Need a deeper dive into compliance for state and local governments? Visit our ADA Title II Web and Mobile App Compliance Guide for expert insights.

Step 1: Identify All Digital Assets

Begin with a comprehensive audit of all your digital experiences, including websites, mobile apps, internal systems, external platforms, social media posts, and email communications. Pay attention to often-overlooked assets like legacy software or microsites. These can be hotspots for accessibility issues. This first step is essential for meeting ADA Title II compliance requirements, since these regulations apply to all digital services offered by public entities.

Step 2: Map Responsibilities

Determine who handles these assets. Is it your team, external vendors, or both? Understanding who is responsible for each aspect of your digital presence is crucial. Clear accountability can streamline compliance efforts and prevent critical issues from falling through the cracks.

Step 3: Verify Third-Party Integrations

Ensure any third-party features integrated into your digital platforms meet accessibility standards. Examples include elements like payment portals, plugins, and social media widgets. Third-party content can often be a weak link in your accessibility chain, so ensuring these integrations are fully compliant with WCAG 2.1 AA standards is essential.

For additional guidance on compliance requirements across the U.S., explore our United States Accessibility Compliance Guide.

Step 4: Enhance Training and Expertise

Evaluate your team's accessibility expertise. Investing in your team's knowledge now can save a lot of trouble down the road. Provide specific training on WCAG 2.1 standards and the new ADA Title II requirements. Regular training sessions ensure your team stays up-to-date with the latest best practices, using real-life examples to solidify their understanding.

Step 5: Review Resources and Tools

Assess your current tools and resources critically. Are your accessibility tools keeping up with the latest standards? Consider upgrading to more advanced solutions that offer real-time insights and automated compliance checks. Ensuring your digital experiences remain accessible as regulations evolve is crucial to maintaining compliance.

Step 6: Evaluate Vendor Capabilities

Assess your external vendors' ability to meet accessibility standards. Ask them tough questions—your compliance depends on their answers. Ensure that your vendors understand the implications of ADA Title II compliance and have a proven track record of delivering accessible solutions. Include accessibility requirements in your contracts, and regularly audit their services to ensure they meet your standards.

Need help choosing a partner? Our guide on Choosing the Right Partner for ADA Title II Compliance can help you evaluate vendors effectively.

Step 7: Conduct an Accessibility Health Check

Perform an initial accessibility audit to see where you stand and what needs fixing. This audit serves as your baseline, allowing you to measure progress over time. Consider partnering with experts who can provide a detailed report on your current compliance status and offer actionable recommendations. Document all findings meticulously to guide your remediation efforts.

Step 8: Develop a Strategy

Create a comprehensive plan to address any gaps identified in your audit. Set clear goals, timelines, and responsibilities. Ensure that everyone involved in the project knows what they need to do and when. A well-structured strategy is essential for achieving ADA Title II compliance and avoiding costly delays. Include a publicly available accessibility statement on your site that documents your efforts and provides contact information for users who encounter barriers.

Step 9: Implement Regular Monitoring and Reporting

Establish a system for ongoing monitoring and reporting to keep improving. Accessibility isn't a one-time fix; it's an ongoing commitment. Regular automated and manual audits are essential to ensure that your digital platforms continue to meet ADA Title II and WCAG 2.1 AA standards as they evolve. Encourage user feedback and keep your content and platforms up-to-date with the latest guidelines.

Step 10: Review Additional Resources

Consider exploring additional resources to learn more about ADA Title II compliance. The Department of Justice's guidelines and industry experts can provide valuable insights to help you stay informed and compliant.

Suggested Resources 

Setting the Stage for Successful ADA Title II Compliance

Ensuring ADA Title II compliance is more than just a legal requirement—it's a commitment to creating an inclusive digital environment for everyone. By following these steps, your organization can confidently navigate the complexities of compliance. Remember, accessibility is an ongoing journey that requires regular monitoring, continuous training, and the right tools to stay ahead. Beyond compliance, these efforts can enhance your organization's reputation, improve user satisfaction, and open your digital services to a broader audience.

Frequently Asked Questions about ADA Title II Compliance

What are the key requirements of ADA Title II compliance for public entities?

ADA Title II requires state and local governments to make all programs, services, and activities accessible to individuals with disabilities. This includes physical access, effective communication, and digital accessibility for websites, apps, and online services.

How do ADA Title II regulations differ from Title III of the ADA?

Title II applies to state and local governments, while Title III applies to private businesses and public accommodations. CIOs in the public sector must focus on ensuring government-run digital services meet accessibility standards.

What digital services and technologies must comply with ADA Title II?

Any digital service provided by a public entity must be accessible, including websites, mobile apps, online forms, kiosks, and emergency communication systems. Meeting WCAG standards is the best way to achieve compliance.

What are the risks of non-compliance with ADA Title II regulations?

Non-compliance can lead to lawsuits, DOJ investigations, costly settlements, and reputational damage. It also creates barriers for community members who depend on accessible government services.

Get Expert Guidance on ADA Title II Compliance

Ready to take the next step in your ADA Title II compliance journey? Download our comprehensive e-book, "Achieving ADA Title II Compliance: A Guide for State & Local Governments," and gain in-depth insights into the latest regulations.

Discover practical strategies and tools that will empower your team to make your digital services fully accessible, ensuring you meet your compliance goals while enhancing user experience.

 

UsableNet

UsableNet

Founded in 2000, UsableNet created some of the first tools and platforms to make websites accessible and usable for all people. Starting out, we worked with government agencies as well as universities and corporations. Today, accessibility has become important to almost all companies. We provide accessibility solutions to Fortune 1000 companies, small and medium enterprises, government, and education organizations across industries including retail, travel, hospitality, food services, automotive, financial services, and healthcare.

Need to improve digital usability, accessibility or performance? We can help.