Adapting to ADA Title II: Effective Strategies for Accessible AI in Education
Integrating artificial intelligence (AI) in education can revolutionize the learning experience, offering personalized learning pathways, automating administrative tasks, and enhancing educational outcomes. However, to truly harness the power of AI in schools, it is crucial that these tools are accessible to all students, including those with disabilities. In fact, ensuring accessibility in educational tools is now not just an ethical obligation but also a legal requirement under the updated ADA Title II ruling. For district leaders, this means taking immediate and comprehensive action to integrate and procure AI technologies. This blog post aims to offer strategies for districts to begin adopting accessible technologies and ensure compliance with the updated ADA Title II ruling.
In April 2024, the United States Department of Justice issued a final rule that requires state and local governmental entities, including early childhood, K-12, and postsecondary institutions, ensure that web- or mobile app-based digital learning resources are accessible and usable for students with disabilities. The final rule specifies that these materials must adhere to the technical requirements of the Web Content Accessibility Guidelines (WCAG) 2.1 developed by the World Wide Web Consortium (National Center on Accessible Educational Materials, n.d.). Larger districts will need to adopt compliant technology by June 2026 and smaller institutions by June 2027.
Read CAST’s summary of the final rule here or SIIA’s summary here.
Why this rule is necessary
“In the past, we would have these conversations, and it was like accessibility was in the air. […]. Well, a rule makes it settle. Now we have something that we can point people to, and it really facilitates these conversations. It provides a lot of clarity on what’s expected. We’re not leaving these things ambiguous”. – Luis Pérez, CAST’s Disability and Digital Inclusion Lead
Prior to this update, there was a lack of clear guidelines, making it difficult for public entities to understand and meet their ADA obligations effectively. Establishing technical standards for web content and mobile app accessibility provides public entities with precise instructions on how to comply. This rule helps guarantee that individuals with disabilities have equal access to government services, thereby upholding their rights and promoting inclusivity (Nondiscrimination on the Basis of Disability in State and Local Government Services, 2024).
What is in scope?
These regulations encompass any web or app-based mediums that affect student opportunities, including web-based content management systems, third-party instructional content, online educational resources, assessments, school/parent communication systems, course registration, online grading utilities, and mobile apps providing instructional or informational access (National Center on Accessible Educational Materials, n.d.).
Naturally, it is imperative to consider that with the current adoption and exploration of GenAI tools, school districts must carefully evaluate and procure AI tools that comply with these accessibility standards, ensuring that the technology does not exclude or disadvantage any student.
Progressing towards accessible technology adoption
In the third season of The Accessible Learning Experience, a podcast produced by CAST’s AEM Center, Luis Pérez and Dr. Elizabeth Barker, along with their guest Rick Ferrie, Vice President of Accessibility at Savvas Learning, discuss steps towards the adoption of accessible technology within districts:
- Make an inventory: Rick Ferrie suggests that leaders should start by deciding on the educational tools in their district that fall under the rule’s scope. It is especially necessary to understand that regardless of whether a tool is an app, a website, or another type of technology, it will be in scope if it has a digital interface.
- Establish a baseline: Then, leaders should evaluate where the identified tools are positioned in terms of compliance. To do this, districts have the ability to request vendors an Accessibility Conformance Report (ACR)1. The latter assesses a product’s conformance to accessibility standards. Nonetheless, Luis Pérez highlights, ACR may have limitations given that it is a vendor-reported statement.
- Prioritize impact: Shifting to completely accessible tools may not happen immediately. Schools should prioritize the products and areas that will have the most benefit to students once they become fully accessible. Then, all the energy and resources can be directed towards a specific goal that will be both effective and impactful.
- Outline a roadmap: District leaders should design a clear plan and a timeline to make the necessary modifications to the tools that were prioritized. AEM’s Quality Indicators provide helpful guidelines on how to create a coordinated system to provide accessible materials to students.
Starting now: The importance of immediate accessibility efforts
Even though the ruling states that institutions should not comply until two or three years later, it is critical to start leveraging accessibility right now. In terms of logistics, Rick Ferrie mentions that this change involves a “massive change management activity”. Ensuring accessibility is not only an IT team’s responsibility but also requires a collective effort from teachers, administrative staff, the community, and all the stakeholders involved in the students’ education. The sooner schools start recruiting a team in the district to coordinate their efforts, the easier it will be to have effective systems in place to ensure accessibility. In addition, Luis Pérez stresses that systems to ensure access to technology will be sustainable and impactful in the long run only if there is a culture shift, which will take time. Then, districts must start taking the first steps today and share their best practices and experiences as they progress.
References:
National Center on Accessible Educational Materials. (n.d.). Learning on the Go: ADA Title II Updates and Requirements. https://aem.cast.org/get-started/learning-online-or-on-the-go
Pérez, L., & Barker, E. (Hosts). (2024). ADA Title II Updates and Requirements [Audio podcast episode]. In The Accessible Learning Experience. CAST: AEM Center. https://aem.cast.org/get-started/resources/accessible-learning-experience/s.03-ep.11-ada-title-ii-updates-and-requirements
Nondiscrimination on The Basis of Disability in State and Local Government Services, 28 C.F.R.§ 35 (2024). https://www.ecfr.gov/current/title-28/part-35
Author: Fernanda Pérez, CoSN’s 2024 Blaschke Fellow
This is the fifth and final blog in a series by Fernanda Pérez; this blog serves as a companion to the forthcoming comprehensive report on AI and Accessibility, slated for release this Fall.
Read the first blog here: Three Strategies to Enhance Accessibility Using AI
Read the second blog here: Risk and Reward: Artificial Intelligence in K–12 Education
