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Understanding ADA Title II Requirements: What State and Local Governments Need to Know

WCAG

The following information is not a substitute for legal advice. We are providing this analysis for publishing professionals about what has been shared in the public sphere. You should consult with your own legal counsel to make decisions appropriate for your situation.

In April, 2024, the U.S. Department of Justice issued a new rule titled “Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities.” This rule clarifies and strengthens the requirements for accessibility of digital content under ADA Title II, specifically targeting state and local government websites, mobile applications, and conventional electronic documents. It becomes effective April 24, 2026, with agencies serving less than 50,000 people receiving an additional year to comply.

What does this mean for you, as a publisher? If you serve library markets, or other markets that comply with ADA guidelines, you should ensure that your content (specifically digital files for your publications – but also other media like parental support materials and HTML files used directly in those channels) comply with these guidelines.

Key Requirements

Similar to the requirements for the EU’s European Accessibility Act (EAA), the rule mandates compliance with the Web Content Accessibility Guidelines (WCAG) Version 2.1 Level AA as the technical standard for all covered digital content, including:

– Websites
– Mobile apps
– Conventional electronic documents such as PDFs, word processor files, presentations, and spreadsheets.

Certain content is exempt from these requirements, including:

– Archived documents
– Preexisting conventional electronic documents, including common file formats like PDFs, Word documents, presentations, and spreadsheets.
– Content posted by third parties not acting on behalf of the government

While EPUB files are not explicitly mentioned in the list of covered formats, the Department of Justice notes that files in formats not listed may qualify for exceptions such as archiving or preexisting files. However, this implies that EPUB files should ideally meet ADA accessibility standards if actively provided.

Challenges in Compliance

Common obstacles to achieving full compliance include:

– Resistance to moving away from traditional formats like PDFs in particular platforms
– Limited financial resources to remediate existing documents
– Lack of empowerment or authority among web staff to enforce accessibility standards
– Difficulty securing senior management buy-in

How can you be prepared?

The new ADA Title II rule underscores the importance of digital accessibility and aims to hold state and local governments accountable for compliance. To meet these requirements by the enforcement deadline, publishers and content providers – again with input from their legal counsel – should:

– Conduct thorough audits of websites, mobile apps, and electronic documents
– Develop remediation plans aligned with WCAG 2.1 Level AA standards
– Engage leadership to secure necessary resources and support
– Empower web and content teams with training and authority to implement changes

For additional guidance and best practices, the U.S. Access Board’s 508 Best Practices Webinar (September 16, 2025) offers valuable insights into effective compliance strategies. This recent webinar hosted by Ingram Content Group, and featuring speakers from Benetech, VitalSource, consultant Laura Brady, and Westchester Publishing Services provides practical guidance for publishers and is worth viewing.

Let Westchester know what we can do to help. Contact Us to discuss your publications program, with options for accessible-first content on new titles from editorial through to production, to standalone digital conversion and remediation services. We are here to help!

On Wednesday, May 21, Westchester Publishing Services sponsored the IPG Summer Summit virtual event. The day featured several sessions covering tariffs, metadata, marketing, and accessibility. A full day, indeed!

Westchester’s Chief Revenue Officer Tyler Carey moderated the panel on accessibility, which featured panelists Julie Willis (Editorial Director and Systems Lead from Westchester, speaking on behalf of an absent client), Eileen Reilly (Digital Production Manager at Princeton University Press), and Michael Johnson (Vice President of Content from Benetech).

The IPG will be sharing the slides and video shortly, and we’ll update this blog post with those assets once they are available. But in the interim, here are the key topics that were covered:

  • The EAA deadline is approaching fast – June 28, 2025!
  • Julie and Eileen talked about the steps that two IPG-member presses are taking to prepare, including:
    • Evaluating all of the titles in your backlist in your ONIX feed and sales data, with a consideration towards remediation costs in mind. Titles that have high sales volume are being remediated first, but documenting decisions and future plans by title is also important. If a title is challenged for inaccessibility, being able to provide documentation regarding the accessibility plan for that title is a strategy that some publishers are taking to minimise risk.
    • Setting up author guidelines for the creation of alt text – like these ones on Princeton University Press’ site – is a key step to bringing accessibility into the process early on a frontlist title, and giving authors agency to write or influence the alt text of their content. Julie talked about the importance of this – especially on academic titles that go through peer review – as the author holds responsibility for the content in many cases.
    • Joining PAAG, DAISY, and Benetech’s GCA program, so that you have access to up-to-date information on accessibility practices and legislation.
  • Michael shared Benetech’s approach to accessibility, and answered questions on topics including:
    • Alt text – Michael shared guidance on the different needs for different use cases for an image. An image of the Eiffel Tower in a cookbook on crêpes might be decorative, and could be labelled as such. In a travel guide for Paris the same image might merit a description of the Eiffel Tower for a reader having the text read aloud to them. For a book on engineering, the same image might bear an alt text entry about its construction from iron instead of steel, augmenting what is in the text through a description of the Eiffel Tower’s structure itself.
    • Language shift tagging – this topic has been coming up more and more often for publishers exploring the requirements for WCAG AA standards, as they try to get ahead of the baseline level A standards inferred to be required for the EAA. Michael talked to how casual use terms and place names do not need to be tagged, but passages and alternating dialogue in different languages, as examples, should be tagged.
  • Lastly, best practices to really understand and embrace accessibility were discussed, including the recommendation to download Thorium or another accessible reading software, so that you can have your EPUB files read aloud to you to better understand the end user’s experience. Between this process and auditing ACE by DAISY reports on your titles, you will be better equipped to have quality accessible EPUB files that don’t just meet standards but also address the needs of end users.

Stay tuned for more accessibility information from Westchester, and please do visit our online repository of accessibility information, including this white paper.

What a year, right? With the approach of the EAA, decisions publishers are making about WCAG compliance, Title II, and Amazon changing its deliverable epub formats (again), the Westchester staff have been hearing quite a lot from our clients. To help address our clients’ questions, and also share information more widely, we put together this brief blog post about some key topics related to digital content and workflows, to help share our perspective and institutional knowledge.

Language Tagging Manuscripts

The goal of language tagging is to ensure that assistive technology can correctly interpret phrases, passages, and certain individual words presented in other than the document’s primary language. It is a requirement for meeting WCAG 2.x Level AA. It is worth noting, at this point the EAA does not explicitly require WCAG 2.x Level AA, but some publishers are more actively pursuing this higher level of standard to stay ahead of the game in case clarifications or new requirements force this requirement over time.

Language tagging is not necessarily needed on every publication. The stated exclusions to this rule are “proper names, technical terms, words of indeterminate language, and words or phrases that have become part of the vernacular.”

The proper names exclusion is taken to apply to “people, places, organizations” (and the like) per CMOS Shoptalk, the Random House Guide to Good Writing (Ivers 1991, which specifically adds “churches, streets”), and DAISY (which helpfully renders this simply as “names”). Titles of works are not part of this exclusion; see, for instance, the article “Declaring language in HTML” where the W3C uses a book title for their example. Technical Terms This exclusion applies to terms which have a technical meaning across languages. WCAG gives the examples of Homo sapiens, Alpha Centauri, hertz, and habeas corpus. In practice, especially within academic publishing and if the tagging is handled by a non-specialist, such terms can be harder to identify. Generally, any jargon falls into this category, but an understanding of the intended audience may also factor into whether to tag or not. Indeterminate Language Gibberish and most constructed languages belong to this category, but Esperanto has an ISO language code, as do Tolkien’s Elvish languages of Quenya and Sindarin, and Star Trek’s Klingon, so all those can be tagged. Part of the Vernacular Foreign words or phrases that find themselves in the English dictionary (to take this from the English perspective) may be excluded from tagging. WCAG gives “rendezvous” as an example. A perhaps better example would be “sine qua non.” If the text in question is italicized, and it’s not to show emphasis or to state the word as a word, that may be a good indication that it should be tagged. WCAG advises, “If there is doubt whether a change in language is intended, consider whether the word would be pronounced the same (except for accent or intonation) in the language of the immediately surrounding text.”

Amazon no longer supporting MOBI Fixed Layout files

As of March 18, 2025, Amazon no longer supports MOBI fixed-layout files. This is similar to when Amazon stopped supporting MOBI files for reflowable books on August 1, 2021. One difference is that besides EPUB, there is an alternate Amazon-specific format which may be more appropriate for some content, Kindle Package Format (KPF). If you are an Ingram CoreSource customer, they are setup to accept this format, and so digital asset management on their platform will be a seamless transition from FXL MOBI to FXL KPF. If you already have content posted to Amazon in the older format, you are not required to update it for it to remain on sale. But if you do update an existing file (e.g. to handle reprint corrections, replace back ads, etc.) you will be required to upload the new file in the KPF format.

Metadata

Rich accessibility metadata in EPUB and ONIX goes beyond ticking a standards box. It actively improves discovery and usability for readers, unlocks new markets, aids institutional buyers (libraries/education), and bolsters a publisher’s social responsibility image. Accessibility metadata within EPUBs makes them self-descriptive about their accessible features, helping users and systems find suitable titles. ONIX metadata allows distributors to “present this information to potential purchasers and readers” ahead of time, so they can make informed choices. Industry groups like DAISY and Accessible Publishing Learning Network (APLN) provide guidance on how to implement this metadata (see DAISY’s Inclusive Publishing “Metadata” page, which provided the preceding quote, and APLN’s “Accessibility Metadata Best Practices for Ebooks”), so that every accessible feature is documented and visible and may benefit users and publishers alike.

To comply with the EAA, metadata should be provided for the relevant accessibility items, particularly those from Codelist 196 and Codelist 143, though other metadata may apply as well (e.g., Codelist 81).

Whatever database or title management system you use to manage your metadata should have fields that correspond to the ONIX codes.

If you’re unsure of which accessibility features are included in your EPUB, you may get most of those details from an Ace report.

Probably the best resource (with explanations and examples of both EPUB and ONIX metadata) is the DAISY Accessible Publishing Knowledge Base metadata page. It still requires some technical understanding though.

The accessibility metadata in a typical EPUB for a non-fiction book with images, and which has been produced with the intent to be accessible, would look something like the following:

<meta property=”schema:accessibilityFeature”>ARIA</meta>
<meta property=”schema:accessibilityFeature”>displayTransformability</meta>
<meta property=”schema:accessibilityFeature”>pageBreakMarkers</meta>
<meta property=”schema:accessibilityFeature”>pageNavigation</meta>
<meta property=”schema:accessibilityFeature”>readingOrder</meta>
<meta property=”schema:accessibilityFeature”>structuralNavigation</meta>
<meta property=”schema:accessibilityFeature”>tableOfContents</meta>
<meta property=”schema:accessibilityFeature”>index</meta>
<meta property=”schema:accessibilityFeature”>alternativeText</meta>
<meta property=”schema:accessMode”>textual</meta>
<meta property=”schema:accessMode”>visual</meta>
<meta property=”schema:accessModeSufficient”>textual,visual</meta>
<meta property=”schema:accessModeSufficient”>textual</meta>
<meta property=”schema:accessibilityHazard”>none</meta>

This is not an exhaustive list. Other features may be present (MathML or long descriptions, for example), conformance level may be identified, and a summary (no longer required) should be included with other relevant info, especially if any shortcomings. And these accessibility metadata items are of course to be included in addition to standard metadata such title, author, and source ISBN.

One important note is that the accessibility summary for ONIX does not have the same guidelines as the summary for EPUB. So, while mapping to ONIX based on the Ace report generally works well, it is not necessarily advisable to copy that for the ONIX summary.

The Westchester team has the expertise you can rely on to make sense of the updated standards and guide you through changes you may need to make to your content to ensure it remains accessible and discoverable for your readers. Contact us to learn how we can help your publication program.

by Tyler M. Carey, Chief Revenue Officer

Reader note: As of March 2024, the European Accessibility Act is slated to become effective in June, 2025. While there is speculation about a 2030 loophole for backlist content, we strongly recommend you confer with legal counsel for professional guidance.

If you’re trying to figure out what your company needs to do with just over a year from the European Accessibility Act’s (EAA) June 2025 deadline, this blog post is for you.

In March of 2019, the European Accessibility Act was passed, to make arrangements for better support for people of all capabilities and needs across countless products and industries. For publishers, this meant that at a certain point in time any books they had available for sale in Europe would be required to have an accessible alternative version available for anybody with print disabilities, visual challenges, neurodiversity issues, or countless other reasons where they would benefit from consuming a book via an e-reader or adaptive technology.

There were thought leaders who were on the accessibility train long before the EAA, who helped provide guidance to many of us and shared best practices. Publishers like the University of Michigan Press and Macmillan Learning have been providing guidance to their peers on this subject for many years, in conjunction with innovators like Laura Brady and Bill Kasdorf, and organizations like Benetech and DAISY. Westchester realized the import of the EAA on the files we deliver to digital platforms and provide to our clients, so we went through the rigorous process to become Benetech GCA-certified and joined DAISY to bring better resources to the table for our staff and clients.

Many of our clients were also similarly embracing accessibility for these reasons, even if they have not had accessibility baked into their workflow before. But for many publishers – crushed by the surging prices for paper, printing, and shipping during the pandemic – the timing to invest in a new aspect of their workflow was ill-timed. Many well-intended publishers have – for pragmatic reasons – been hitting “snooze” on the monthly calendar reminders they may have that say “Prepare for the European Accessibility Act”.

So, now the alarm has gone off, you’re doing the math and realize waiting is no longer a plausible strategy. What should you do?

  1. Consult Counsel. If you have an attorney on retainer, ask them for their input on how much of your list you have to get converted into accessible, reflowable ePub3 files by July 2025, and if they feel you have wiggle room to delay conversion on any backlist titles
  2. Audit Your Capabilities. Anything front list should be being created as an accessible, reflowable ePub3 file as a rule for moving forward. The rules are a bit more gray on books that are fixed layout (e.g. graphic novels, heavily designed titles), but WCAG, BISG, and other organizations are trying to help set policies for accessible fixed layout titles. If you don’t have possess the in-house chops to create accessible ePubs, find a GCA-certified vendor that Benetech has flagged as being able to provide accessible-compliant files. And yes, – shameless plug alert – US employee-owned Westchester Publishing Services is a leading, GCA-certified vendor with affordable rates for front and backlist conversion. (Contact Us to learn more – but first, finish reading this for more tips.)
  3. Audit Your List. Like tackling any gigantic pile of anything, triage. For your titles in print, which are new and likely to still be selling well in 2025? Which titles in your backlist are perennial sellers, or tied to an upcoming event or release? (e.g. some books about J. Robert Oppenheimer spiked in sales after the release of Christopher Nolan’s blockbuster movie Oppenheimer, last year and will likely see increased activity with the movie winning seven Academy Awards. Your sales lead should be able to help you forecast these things.) Start with remediating the available ePub files for those titles or convert any for which you don’t have ePub files. Any with art are going to need Alt Text (read on)
  4. Audit Your Workflow and identify the Gotchas. While the ACE Checker by DAISY will review your files for anything structural or in the metadata (all key), there are a handful of less easier-to-track areas where ePub files will fail being acceptable as ‘accessible’:

a. If they are not ePub3. ePub2 files will often need to be upgraded or remediated if they do not meet the ePub Accessibility 1.1 spec.
b. If they have art that is missing alt text. Alt text acts as a descriptor for an image that adaptive technology can read aloud for someone to help them understand to help someone better understand what is depicted in the image. There are recommendations about how long the entries have to be, and what they will need to contain. This is a task that can often be taken on by an editorial assistant, copyeditor, or even the author. Vendors like Westchester can write alt text entries as a service, too, of course – and for backlist projects that can often be the most efficient way to pick away at the pile. But look at these resources to give thought to how you can adjust your own author or editorial guidelines moving forward to make this another task or asset for a publication. Top tip: when providing alt text to a vendor, it’s often fairly easy to simply add it to the art log.
c. If they have passages in other languages. If a book has frequent passages in other languages, an editor needs to tag these so that the compositor/converter can flag this in the ePub metadata.
d. If they have charts with red and green elements. Many accessibility requirements tie into common sense changes many of us made in our workflows many years ago. It’s been considered a bad practice for many years to use red and green in tables and charts. Well, now it will prevent an ePub from being sellable as an accessible ePub. If you have books in your backlist where this may be an issue, those tables will need to be re-set for your ePub.

5. Start following thought leaders. Laura Brady posts articles on her site, which is an amazing resource for learning about accessibility, news, and policy. Bill Kasdorf’s site, Publishing Technology Partners, contains perspective and ideas to consider to make accessibility manageable and part of your workflow. DAISY has these resources – and you should consider joining. Benetech not only manages the certification process for publishers and vendors, but they themselves are experts and resources in their own right. These other resources, including a white paper about a webinar hosted by Westchester, featuring Bill Kasdorf’s advice on navigating the EAA, are also helpful.

Like anything else in life, accessibility is a journey not a destination. Contact Us to discuss your accessibility journey and the challenges you’re encountering. Between our editorial, production, and digital resources, Westchester has many ways we can to help you audit your workflow, your titles, and help you draw up a plan. Talk with us about how we can help.