Your Top 7 Questions About Title II in Higher
Education-Answered

Title II is one of the most important laws for accessibility. At its heart, Title II is about making sure that students of all abilities can learn, participate, and thrive in a public college or university.

Campuses have now become part physical, part virtual. Classrooms can be accessed through browsers. AI tools are used to take notes, read content aloud, or help students stay organized.

Each new tool or learning format raises big questions: Is it accessible? Is it equitable? Does it meet what Title II requires? That’s why Title II goes beyond just adding captions or making a website keyboard-friendly. It focuses more on what accessibility means in a digital, diverse, and fast-moving learning environment.

That’s why we’ll walk you through the top questions colleges and universities are asking about Title II right now. These answers will help you stay on track, legally and ethically.

Top 7 Questions About Title II Asked by Colleges and Universities

1. Can AI Tools Count as “Reasonable Accommodations” Under Title II?

As AI-based tools become more common in classrooms, many teachers and learners ask this question. The short answer is yes. AI can be part of a student’s accommodation, but only if it’s accurate, secure, and optional. Institutions must ensure their AI-based tools meet accessibility standards like WCAG and protect student privacy. Another important caveat is that they must offer human support options for those who prefer them.

2. Are Remote Proctoring Platforms Accessible for Students with Disabilities?

Remote proctoring platforms can be used to moderate online tests. These platforms could be using webcams, screen monitoring, or AI tools to mark suspicious activity. But for individuals with disabilities, proctoring tools create more problems than solutions. A screen reader, for instance, might not work properly with the platform, making the test impossible to take.

Users who need alternate formats like large print or keyboard navigation may find the system unusable. And those with disabilities that cause fidgeting, vocal tics, or the need for frequent breaks may be unfairly flagged for “suspicious” behavior. What was meant to ensure fairness can end up excluding learners who need support. Before you purchase a remote proctoring solution, be sure that it’s compliant with WCAG and has been tested by native users with disabilities. Your proctoring tool must work with assistive technologies and honor all approved accommodations instead of flagging disability-related behaviors as misconduct. In all cases, institutions should offer a suitable alternative, like an in-person test or a different testing setup.

3. Do All Hybrid and Online Learning Tools Need to Meet Title II Accessibility Standards?

Hybrid and online learning have become more commonplace. That means faculty and IT teams are always trying out new tools. A common concern is whether these third-party tools are required to meet ADA accessibility standards.

They are. But a lot of these tools still miss the mark. A few third-party tools don’t offer accurate captions, while others are built for keyboard-only use, which poses a challenge for users with disabilities.

No matter who builds the tool, the responsibility stays with the institution, whether developed in-house or bought from a vendor. This means your institution should be evaluating tools carefully, working with vendors to address gaps, or finding compliant alternatives. Be sure your contracts always include an accessibility clause to hold vendors accountable.

4. What Accommodations Are “Reasonable” for Neurodivergent Students Under Title II?

Many individuals who are neurodivergent, including those with ADHD, autism, or related conditions, experience challenges with executive functioning. These could be time management, sensory sensitivity, or staying organized. They might request supports like flexible deadlines, reduced-distraction testing environments, or access to tools like digital planners or scheduling software.

In rigorous programs like nursing or STEM, requests for flexibility can raise questions: Is it fair? Will it lower standards? While these are valid concerns, the institution is still required to remove barriers unless it changes the core of the course.

That’s why you need to provide deadline extensions, quiet testing spaces, or different assignment formats. Even tools like digital planners or scheduling apps can be part of a student’s support. Review each request individually because different disabilities mean different accommodations.

5.  Are Universities Required to Allow Emotional Support Animals (ESAs) in Classrooms?

Since the pandemic, emotional support animals (ESAs) have been brought into campuses to help manage anxiety, depression, and other mental health conditions. But colleges are still unsure what the law allows, especially under Title II of the ADA. Emotional support animals and service animals are not the same. Service animals are trained to perform specific tasks and are generally permitted in most campus areas. ESAs aren’t task-trained, and so they don’t have the same access rights under Title II. Still, students may have the right to keep them on campus under the Fair Housing Act.

Colleges must review each request individually, with proper documentation from a healthcare provider. They also need to consider how an ESA might impact others in shared spaces and work toward a solution that respects everyone’s needs.

6. Why Is There More Enforcement Around Title II Compliance Lately?

The DOJ and OCR have been paying closer attention to digital accessibility in higher education. They’ve launched more investigations and reached legal settlements with colleges. These aren’t just minor tech problems – they can prevent students with disabilities from accessing parts of their education, and this violates their civil rights.

More colleges are being held accountable for accessibility gaps. So, waiting for a complaint or lawsuit is risky. Be sure to audit your digital assets for accessibility and update your internal policies to meet Title II standards. Training faculty and staff is also important, as compliance goes beyond technology.

7. How do Title II and Section 508 Work Together?

Students often need accommodations under multiple laws. A pregnant student may need accommodations under Title IX, while a student with a disability may need them under Title II and Section 508 of the Rehabilitation Act.

When different departments or offices (like disability services, housing, or athletics) have separate processes for granting accommodations, it can create confusion and delays. To avoid this, schools should ensure that accommodations, once granted, are applied across campus in all relevant areas, from academics to housing to extracurriculars.

Cross-training faculty and staff on Title II, Title IX, and Section 504 will help ensure students’ rights are respected across all departments. This approach promotes a more inclusive campus for everyone.

Title II is a critical framework for equal access. Through proactive measures, your institution can uphold legal and ethical standards to give learners and faculty the support they need to succeed.