ADA Title II Regulations: Useful Tips for Publishers

The information provided in this article is for general informational purposes only and is not intended as legal advice. While KGL strives to provide accurate and up-to-date guidance, publishers are encouraged to consult with legal professionals or compliance experts to address specific legal obligations under ADA Title II.

This April, the Americans with Disabilities Act (ADA) Title II regulations finally come into play. These new Department of Justice protocols mandate that state and local government entities—including public schools, universities and libraries—provide equal opportunities to people with disabilities through digital accessibility. These new requirements impact more than previous regulations such as Section 508 of the Rehabilitation Act, which applied mainly to federal agencies.

The forthcoming deadline has seen institutions all over the US strive to get their platforms and content ready and to make sure they are compliant with the new accessibility standards. And the regulations have certainly put accessibility at the forefront of the agenda for publishers too, with market pressures and legal risk making it an operational imperative across the industry.

Different types of publishers will likely be implicated in different ways and university presses, state education providers and suppliers to public entities (serving populations of 50,000 plus) are expected to be the most directly affected. ADA Title II arrives on the heels of European Accessibility Act (EAA) of June 2025, If some US publishers determined that overseas directives didn’t apply to them, they most likely need to consider accessibility now.

Here we look at what the ADA Title II regulations mean for publishers and the steps they might be taking as they come into force.

Committing to Accessibility

The arrival of the ADA Title II regulations means that many institutions and organizations will have to start treating accessibility less as an informal intention and more as a governed organizational commitment. For many publishers, creating a tailored accessibility policy is an effective step that delivers operational, legal and reputational benefits.

Included within these policies, publishers traditionally emphasize their accessibility pledges through commitment statements, coupled with lists of the accessibility standards followed, such as WCAG 2.1 AA, for example. They also highlight details on remediation processes and share contact details for accommodation requests. Spelling out an organization’s commitment to accessibility in this way not only helps to demonstrate good faith effort towards compliance but also sets internal expectations and shows strength and alignment externally.

Getting the Basics Right on Digital Content

At its core, ADA Title II requires that all websites and mobile apps are fully compliant with WCAG 2.1 AA. Although many companies and organizations already adopt WCAG 2.1 AA as their baseline compliance standard for digital accessibility, this is the first time it will be enforced by US law.

On a practical level, this requires institutions (and publishers) to take a closer look at various aspects of digital content, for instance text and contrast, keyboard accessibility, resizable text, navigation and links, EPUB3 compatibility for ebooks, Alt text for images and captioning for video content.

Most platforms already adhere to these standards, but content is not always fully compliant. As publishers come under greater pressure to demonstrate WCAG conformance, many of the traditional inconsistencies we see around digital content, particularly in areas such as article PDFs and Alt text, will be scrutinized more diligently.

Baking Accessibility into Workflows

In order to avoid productivity issues, and the added risk of falling on the wrong side of the new ADA regulations, many publishers are baking accessibility into their editorial standards and templates. Resolving accessibility issues with EPUBs, PDFs and websites post-publication can already be a significant drain on resources, so this approach can be an effective way to boost operational efficiency while at the same time ensuring ADA compliance.

Methods being adopted by publishers range from the creation of accessible templates (XML, InDesign, EPUB, etc.) and the screening of files with EPUB accessibility checkers to training staff on accessibility and demanding that authors provide alt text and structured headings. These are just a few of the many ways in which publishers can move away from a culture of fighting fires towards a more born-accessible way of working where ADA compliant practices are built into production workflows.

Looking at the Wider Content Ecosystem

Organizations who are covered directly by the ADA Title II regulations are accountable for the accessibility of the services and content they provide—even when a third-party operates their platforms. Whether an organization outsources a web or ebook platform, journal host or manuscript submission system, it has the overall legal responsibility for ensuring its content meets accessibility standards.

In light of this, many organizations are now monitoring third-party vendors more closely, becoming more stringent on VPATs (Voluntary Product Accessibility Templates) requirements at the contracting stage, reviewing accessibility documentation regularly and conducting periodic testing. Conscious of the fact that outsourcing operations does not outsource liability, organizations will need to work more collaboratively with their third-party vendors to ensure accessibility standards are met.

As the ADA Title II regulations come into play, publishers of all types will be required to formalize their approaches towards accessibility. From reinforcing clear organization-wide policies and integrating accessibly into workflows to working more collaboratively with partners, publishers can adopt a range of strategies that both reaffirm their commitment to accessibility and protect against legal and reputational risk. Beyond compliance, the regulations deadline also presents a valuable opportunity for publishers—a chance to adopt a more meaningful, deeply embedded approach towards accessibility and establish a firm platform for the future.

KnowledgeWorks Global Ltd. (KGL), a Benetech Global Certified Accessible conversion vendor, is a champion of digital equality. For further resources and guidance on accessibility standards and compliance for journals, books, digital media, websites, eLearning, and more, download our report, Accessibility for Publishers, visit kwglobal.com/accessibility or email us at accessibility@kwglobal.com.