Accessibility Overlays and ADA Title II: What Public Entities Should Know

Public entities are increasingly reviewing digital accessibility in response to evolving ADA Title II expectations. During this process, many organizations encounter accessibility overlays marketed as fast, automated compliance solutions.

This page explains what accessibility overlays are, how they relate to Title II obligations, and what public entities should understand before relying on them.

What Are Accessibility Overlays?

Accessibility overlays are third-party tools, typically JavaScript-based, that add an interface layer to a website. These interfaces may allow users to adjust settings such as font size, contrast, spacing, or navigation preferences.

Overlays are often marketed as:

  • Quick compliance solutions

  • Automated accessibility tools

  • Low-cost alternatives to remediation

For organizations managing limited budgets or legacy systems, overlays may appear attractive. However, their role under ADA Title II requires careful consideration.

ADA Title II and Digital Accessibility

ADA Title II applies to state and local government entities and requires that programs, services, and activities — including digital services — be accessible to individuals with disabilities.

Key considerations:

  • Accessibility is measured by actual usability

  • Compliance focuses on outcomes, not tools

  • Responsibility exists regardless of third-party solutions

Do Overlays Ensure Title II Compliance?

No single tool can guarantee compliance.

While overlays may provide helpful features for some users, they do not correct many common accessibility barriers, including:

  • Improper heading structure

  • Missing form labels

  • Inaccessible PDFs

  • Keyboard navigation issues

  • Screen reader conflicts

Automated detection cannot replace manual review or proper development practices.

Common Misconceptions

“An overlay makes a site accessible.”
Accessibility depends on how content is built, not what is layered on top.

“Automated tools fix most issues.”
Automated tools typically detect only a portion of accessibility barriers.

“Overlays reduce long-term risk.”
In some cases, reliance on overlays can delay remediation and increase future cost.

Appropriate Use of Overlays

In limited situations, overlays may be used:

  • As temporary accommodations

  • While remediation work is underway

  • With full understanding of limitations

They should not be positioned internally or externally as compliance solutions.

How Aperio Accessibility Consulting Helps

We help public entities:

  • Understand overlay limitations

  • Identify underlying accessibility risks

  • Plan remediation responsibly

  • Build governance-based accessibility programs

Request a Title II Readiness Snapshot