Private Schools and Title II With Teeth: How the New DOJ Accessibility Rule Changes Everything

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Title II With Teeth-ADA compliant

The new Title II rule applies directly to all state and local government entities — which includes public K–12 schools, public colleges, and public universities.

Private schools are not automatically covered under Title II.
But that does not mean they are exempt from accessibility requirements.

Here’s the real picture

1. Private Schools Are Covered Under ADA Title III (Not Title II)

Private schools — including:

Private K–12 schools
Private colleges
Private universities
Religious schools (with some exceptions)

are covered under ADA Title III, which prohibits discrimination by “places of public accommodation.”

Education is explicitly listed as a public accommodation.

This means private schools must still provide equal access, including digital access.

2. Title III Does Not Name WCAG 2.1 AA — But Courts and DOJ Use It Anyway

Even though Title III doesn’t name a specific standard, the DOJ and federal courts have repeatedly used WCAG as the benchmark for accessibility.

And now that the DOJ has formally adopted WCAG 2.1 AA for public entities, it becomes the default expectation for private schools too.

In practice:

If a private school’s website, LMS, or digital content is inaccessible, they can still be found in violation of the ADA.

3. Private Schools Can Still Face:

DOJ investigations
OCR complaints (if they receive federal funds)
Lawsuits under ADA Title III
Section 504 complaints (if they receive federal funds)
Court‑ordered remediation
Damages and attorney’s fees

Private schools are sued for digital inaccessibility every year, and the new Title II rule strengthens the legal argument families can use.

4. Private Schools That Receive Federal Funding Must Follow Section 504

If a private school receives any federal funding — even a single program — they must comply with Section 504 of the Rehabilitation Act, which requires:

Equal access
Non‑discrimination
Accessible digital content

This includes:

Private schools with lunch programs
Private schools receiving IDEA funds
Private colleges receiving federal student aid
Private schools receiving grants

Section 504 is powerful — and enforceable.

5. Private Schools Are Already Feeling Pressure to Match Public School Standards

Here’s the part families will care about:

Private schools cannot fall behind public schools.

If public schools must meet WCAG 2.1 AA:

Parents will expect the same from private schools
Students will demand equal access
Lawsuits will reference the new rule
Vendors will shift to WCAG 2.1 AA
Accreditation bodies will begin asking questions

Private schools that ignore accessibility will lose:

Students
Reputation
Competitive standing

6. What This Means for Families in Private Schools

Your child has the right to:

Accessible digital content
Accessible websites
Accessible apps
Accessible videos
Accessible documents
Accessible learning platforms
Equal participation
Real‑time access

Even in a private school.

And now, with the new Title II rule setting a national standard, families have more leverage than ever to demand accessibility.

7. What This Means for Private School Teachers and Administrators

Private schools must now:

Train staff in accessible digital design
Ensure LMS platforms are accessible
Fix inaccessible PDFs and documents
Caption and describe videos
Ensure apps and websites work with assistive technology
Provide accessible materials in real time

Even though Title II doesn’t apply directly, the expectations and legal pressure absolutely do.

Bottom Line: Private Schools Are Not Exempt From Accessibility

They may not fall under Title II, but they are still bound by:

ADA Title III- https://www.accessibility.works/blog/higher-ed-ada-compliance-requirements-road-map/
Section 504 (if federally funded)
Civil rights laws
Court precedent
DOJ enforcement
Parent advocacy
Market pressure

And now that WCAG 2.1 AA is the national standard for public education, private schools will be expected — and pushed — to meet it too.