Legal Foundations
Title II of the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) establish the legal foundation that guarantees students with disabilities the right to accessible educational materials. Educational materials can be digitally accessible from the beginning, as required by ADA Title II, or they can be converted to accessible formats (e.g., large print, audio, digital text, or braille) for eligible students with disabilities, as required by IDEA. The resources on this page provide guidance on how to ensure your state or local educational agency is proactively approaching digital accessibility through Title II and, as required, providing accessible formats for eligible students with disabilities under IDEA.
The chart below compares ADA Title II and IDEA with respect to their requirements for providing accessible educational materials.
| Question | ADA Title II | IDEA |
|---|---|---|
| What is the law’s purpose? | Protects the rights of people with disabilities from discrimination in many areas of public life. | Ensures eligible children with disabilities receive a free appropriate public education in the least restrictive environment, including special education and/or related aids and services. |
| What federal agencies oversee the law? | The Department of Justice Civil Rights Division is primarily responsible for overseeing ADA Title II. The Department of Education Office for Civil Rights enforces Title II for programs that receive federal financial assistance. | The Department of Education Office of Special Education and Rehabilitative Services and Office of Special Education Programs oversee the implementation of IDEA. |
| What state and local agencies are responsible for complying with the law? | Title II applies to all state and local government entities, including state and local educational agencies (SEAs and LEAs). | SEAs and LEAs are responsible for implementing IDEA requirements. |
| What types of educational materials are applicable to the law? | Web content and mobile applications, such as websites, digital textbooks, learning management systems, apps, videos, digital documents, and social media. For more information, refer to the ADA.gov fact sheet. | “Print instructional materials” are defined in IDEA 2004 as “printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a SEA or LEA for use by students in the classroom.” For more information, refer to the IDEA 2004 fact sheet. In 2020, a Notice of Interpretation (NOI) issued in the Federal Register clarified that the definition of “print instructional materials” can include certain digital instructional materials. Read the NOI. |
| What guidance is available for communicating with publishers and vendors in the procurement process? | Refer to the “Address Accessibility in Purchasing Decisions” section in Calls to Action of the Act Now: Understanding New PreK-12 Digital Accessibility Requirements webinar resources. | See page 5 of NIMAS & NIMAC: What SEAs and LEAs Need to Know for NIMAS-specific language to include in contracts or purchase orders. |