In public schools, the technology and educational materials purchased—software, hardware, or digital content—play a critical role in student learning and engagement. For students with disabilities, these tools and materials must be accessible. To ensure this, schools must comply with Section 508 of the Rehabilitation Act, which mandates that all digital and electronic tools be accessible to individuals with disabilities. This requirement is not only a legal obligation but also a fundamental step in promoting equity and inclusivity in education.

Why Section 508 Compliance Is Critical for Purchased Technology and Educational Materials

When schools purchase technology or educational materials, they commit to long-term investments in the tools that shape students’ academic experiences. If these tools are not accessible to all students, it can result in significant barriers to learning, particularly for students with disabilities. Section 508 compliance ensures that the technology and resources are usable by everyone, regardless of their abilities.

Legal Requirement:

Public schools are legally bound to meet accessibility standards, and purchasing non-compliant tools puts them at risk of violating Section 508. This can lead to legal complaints, civil rights violations, or loss of federal funding. Ensuring that all purchased technology meets Section 508 standards helps schools avoid these legal pitfalls and ensures compliance with federal regulations.

Equal Access to Learning:

The main goal of Section 508 compliance is to provide equal access to educational opportunities for all students. Accessible technology ensures that students with disabilities can fully participate in classroom activities, engage with digital content, and use educational tools just like their peers. For example, if a school purchases e-books or digital textbooks, it’s crucial that these materials are available in formats compatible with screen readers for students with visual impairments or that they include captioning for students who are deaf or hard of hearing.

The Role of Vendors and Accessibility Testing

Schools often rely on vendors to provide proof of accessibility to ensure that technology and educational materials meet Section 508 standards. Vendors play a key role in helping schools fulfill their legal and ethical obligations by supplying accessible products and offering evidence of compliance through testing and documentation.

Voluntary Product Accessibility Templates (VPATs):

A VPAT is a document that vendors can provide to outline how their products meet the accessibility standards set forth by Section 508. The VPAT explains the level of compliance with various accessibility criteria and identifies areas where the product might need improvement. Schools use VPATs to make informed decisions about whether a product suits all students, especially those with disabilities.

When schools request VPATs from vendors, they actively ensure that accessibility is a priority in the procurement process. Vendors that provide VPATs demonstrate transparency and a commitment to accessibility, and schools can use this information to evaluate and compare products based on their accessibility features.

For example, when a school purchases a learning management system (LMS), they may request the VPAT to verify that the system can be navigated using a keyboard, is compatible with assistive technology like screen readers, and offers customizable text sizes or color contrasts for students with visual impairments. If the VPAT reveals gaps in accessibility, schools can either request that the vendor make improvements or choose a different product.

The Importance of Accessibility Testing Results:

In addition to VPATs, schools may request accessibility testing results from vendors to gain a deeper understanding of how a product functions for users with disabilities. This testing may include automated tests to detect technical issues (e.g., missing alt text for images or poor color contrast) and manual testing, which provides a more comprehensive evaluation by simulating real-world user experiences with assistive technology.

By requesting testing results, schools ensure that the products they purchase have been vetted for accessibility, reducing the likelihood of issues after implementation. Testing results provide confidence that students with disabilities will be able to use the technology without barriers, and they help schools avoid the cost and time involved in addressing accessibility problems after the purchase.

The Procurement Process: Making Accessibility a Priority

For public schools, accessibility is not just an afterthought but a central consideration in the procurement process. Here’s how schools typically incorporate Section 508 compliance into their purchasing decisions:

1. Initial Vendor Outreach:some text
   • Schools include accessibility requirements in their proposal requests (RFPs) and other purchasing documents. This ensures that vendors understand accessibility is a priority from the start.
   • Schools explicitly ask vendors to provide VPATs and accessibility testing results in their proposal submissions.
2. Evaluating Products:some text
   • Schools evaluate the accessibility of products by reviewing the VPATs and testing results provided by vendors.
   • If a product doesn’t meet complete accessibility standards, schools may engage with the vendor to request updates or improvements before purchasing. Vendors may also offer workarounds or alternative tools to address accessibility gaps.
3. Choosing Accessible Products:some text
   • Schools prioritize products that substantially comply with Section 508, knowing that these tools will benefit all students and minimize legal risk.
   • In some cases, schools may choose products with universal design principles, which ensure that the tools are usable not only by students with disabilities but also by those with diverse learning needs.

Why This Matters in Public Schools:

Ensuring an Inclusive Learning Environment:

When schools purchase technology and materials that meet Section 508 standards, they help create an inclusive learning environment where students with disabilities can fully participate. Inaccessible products can exclude students from crucial learning activities, contributing to a divide in educational opportunities. By prioritizing accessibility in purchasing decisions, schools ensure that all students have equal access to the tools and content they need to succeed.

Supporting Diverse Learning Needs:

Accessibility features, such as text-to-speech, captioning, or keyboard navigation, are not only useful for students with disabilities but can also support a broader range of learning needs. For example, captions can assist English language learners or students who prefer to learn by both reading and listening. Accessible products often benefit all students, enhancing the overall learning experience.

Long-Term Cost Savings:

By ensuring accessibility at the point of purchase, schools can avoid the costs associated with retrofitting or modifying products later on. It’s much more efficient and cost-effective to select accessible technology upfront than to address accessibility gaps after implementation, which can involve complex fixes or costly new purchases.

Legal Compliance and Reduced Risk:

Schools that fail to consider accessibility during the procurement process risk non-compliance with Section 508 and related laws, such as the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. This can lead to legal challenges, complaints, and potential penalties. By ensuring that all purchased technology meets Section 508 standards, schools reduce their legal risk and demonstrate a commitment to equitable education.