Your top ADA Title II update questions answered

Our recent webinar on updates to ADA Title II digital accessibility rules — “Turning Compliance into Action: How schools are preparing for ADA Title II updates,” available now on-demand — sparked a wide range of thoughtful questions from participants.

We’ve compiled and answered some of the most common questions that popped up — from understanding how Title II differs from other federal mandates to preparing for compliance deadlines and managing accessibility across video, audio and digital course materials. This article is designed to help you navigate what’s ahead and demonstrate how Verbit can support institutions every step of the way.

General understanding of Title II requirements

What’s the difference between Title II and Title III?
Title II applies to state and local governments, including public colleges and universities. Title III applies to private entities that serve the public, like private universities and testing centers.

How does the new Title II rule differ from existing Section 508 requirements?
Section 508 applies to federal agencies and requires WCAG 2.1 AA for digital content. Title II extends similar expectations to public entities but now includes live content requirements and specific timelines for compliance.

Are K-12 institutions included?
Yes, public K-12 schools fall under Title II and are expected to meet these digital accessibility requirements.

What’s the compliance deadline for large vs. small institutions?
The compliance deadline for institutions serving populations of 50,000 or more is April 2026. The deadline for institutions serving less than 50,000 is April 2027.

Preparing for Title II

Read our latest whitepaper that offers a roadmap to ADA Title II compliance

Download here!

Cover of Verbit's ADA Title II whitepaper, showing a man in the top right corner looking at a computer screen.

Definitions and applicability

How is the 50,000 population defined?
This refers to the number of constituents served by the entity, not just enrolled students. This can include staff, alumni and even the broader community depending on the institution’s mission.

Who qualifies as a “constituent”?
“Constituents” refers to the total population the institution serves — students, staff, visitors, community members — and not just full-time enrollments.

What if our university serves a global audience?
Population is typically defined by the physical community the public entity is chartered to serve, not global enrollment. So, for schools with international reach, Title II compliance is determined by your US-based constituent population.

Do private universities that receive federal funding fall under Title II?
No, private institutions generally fall under Title III, unless they are acting as a public entity under specific circumstances.

Implementation in higher education and instruction

Does every lecture need to have live captions or interpreters now?
If the lecture is streamed or posted publicly, it must be accessible. The new rule focuses on ensuring equal access, not necessarily live captions for every class — but institutions must provide equivalent access when needed.

What about student-generated content or peer reviews?
The institution is responsible for ensuring required educational content is accessible. If peer-reviewed videos are part of a graded assignment, group assignment or shared with classmates, accessibility may be required.

Do assignments or class materials need to be accessible to students who are blind or with low vision?
Yes. Assignments, in-class activities and digital learning materials should meet WCAG 2.1 AA standards, including compatibility with screen readers and alternative text for visuals.

Media-specific questions

If we have podcasts or videos without captions or transcripts, do we have to remove them?
No, but you may need to make them accessible or clearly mark them as archival and not for active educational use.

What if our videos are hosted on YouTube or created by third parties?
Institutions are responsible for the accessibility of content they assign or link to. Even if you don’t own the video but are using it in courses or on official pages, it must be in compliance with WCAG 2.1 AA. If the third-party captions are inaccurate, institutions may need to replace or supplement them.

How do we edit YouTube captions if we don’t own the video?
You typically cannot edit captions on third-party videos directly. And though YouTube doesn’t allow you to edit captions directly, there are tools such as Verbit’s Smart Player that allow you to add new captions to videos hosted online.

Do social media videos require accessibility features under Title II?
Yes. If the content is part of your official communication and intended to inform the public, the videos should have captions. Audio description is typically only required for videos with visual content essential to understanding. Social media videos that are posted by your followers or people not affiliated with your organization do not fall under Title II, provided that they are not being used to share information on behalf of your institution.

For more on captioning social media videos, check out our free ebook that explains how to add captions to some of the most popular social networks, including Facebook, YouTube, Instagram, LinkedIn and TikTok.

Students seated in a classroom looking up towards their instructor

Tools, resources and strategy

Are there tools to help with captioning and transcription if we can’t use Verbit?
Yes, tools like Otter.ai and YouTube’s auto-captioning exist, though accuracy and compliance with WCAG 2.1 AA may not be guaranteed due to the requirements to distinguish between speakers.

Is there a plan or service for audio description?
Yes, many vendors (including Verbit) offer audio description as a service. It’s required when visual elements convey important information not presented through audio.

Are there resources specifically for making visual materials accessible?
Yes. There are WCAG-aligned guides for designing accessible visuals, including using alt text, descriptive labels and tactile graphics (for certain contexts).

Is there a subscription plan for audio description or media accessibility?
Verbit and similar providers offer bundled services covering captioning, transcription and audio description, often on a per-minute or project basis.

Follow-up and logistics

Will the webinar be available on-demand?
Yes! A full recording has been made available to all registrants.

Can I get a copy of the PowerPoint or the whitepaper?
Yes. Both were provided to registrants. If you missed the links, please reach out.

Where can I find the official DOJ rule?
The Department of Justice’s final rule on Title II digital accessibility was published in April 2024.

Verbit makes compliance achievable

The new ADA Title II rule raises the accessibility bar, but you don’t have to tackle it alone. With Verbit’s AI-powered captioning, transcription and audio description solutions, your institution can comprehensively meet expanding requirements on time, with confidence and in support of every learner.