Ensuring digital accessibility is not just a best practice—it’s a legal obligation under Title II of the Americans with Disabilities Act (ADA). Public entities, including state and local governments, are required to provide equal access to their services, programs, and activities, which increasingly rely on websites, web applications, and other Electronic and Information Resources (EIR). To meet this mandate, organizations must evaluate and document the accessibility of digital tools, often through the use of Voluntary Product Accessibility Templates® (VPATs®).
What Is a VPAT and why is it important?
A Voluntary Product Accessibility Template (VPAT) is a standardized document completed by vendors to describe how their product conforms to established accessibility standards, such as the Web Content Accessibility Guidelines (WCAG) and Section 508 of the Rehabilitation Act. VPATs help procurement teams assess whether a digital product meets the technical requirements necessary to ensure access for individuals with disabilities.
When evaluating digital resources, public entities should request VPATs or Accessibility Conformance Reports (ACRs) from vendors and analyze them carefully. These documents provide insight into how well a product supports users with visual, auditory, motor, and cognitive disabilities. The goal is to select the most accessible solution that meets the organization’s business needs.
ADA Title II and technical accessibility standards
Under ADA Title II, public entities must ensure that their digital resources are accessible to individuals with disabilities. This includes:
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Websites and web applications
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Online forms and portals
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Learning management systems
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Communication platforms
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Any other digital tools used to deliver services or information
Compliance with technical accessibility standards—such as WCAG 2.1 Level AA—is essential. These standards ensure that content is perceivable, operable, understandable, and robust for all users, including those relying on assistive technologies like screen readers, voice recognition software, and alternative input devices.
Exception requests
In some cases, achieving full accessibility may not be possible due to technical limitations or vendor constraints. When this occurs, public entities must complete an exception request. This formal process documents:
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Why the product cannot meet accessibility standards
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What alternative solutions or accommodations will be provided
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How the entity plans to mitigate the impact on users with disabilities
Exception requests should be rare and well-justified, and must be approved by the head of public entities. They must demonstrate a good-faith effort to procure accessible technology and outline a clear plan for ensuring continued access.
Best practices for procurement and compliance
To align with ADA Title II and minimize risk, public entities should follow these best practices:
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Vet multiple vendors: Compare VPATs from different providers to identify the most accessible option.
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Engage accessibility experts: Include individuals with accessibility expertise in procurement and evaluation processes.
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Document everything: Maintain records of VPAT reviews, accessibility testing, and exception requests.
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Plan for remediation: If a product has known accessibility gaps, work with vendors to address them post-procurement.
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Train staff: Ensure that employees involved in purchasing and implementing digital tools understand accessibility requirements.
Conclusion
Accessibility is a cornerstone of equitable digital service delivery. Under ADA Title II, public entities must take proactive steps to ensure that their websites, applications, and other EIRs are usable by everyone. By leveraging VPATs, conducting thorough evaluations, and responsibly managing exceptions, organizations can uphold their legal obligations and foster a more inclusive digital environment.