Content Exempt from ADA Title II

About ADA Title II Exemptions

There are five exemptions from compliance with ADA Title II Accessibility Requirements. Consult with your Agency's attorney general to determine which exemption applies to your content and which approach is right for your agency.  

1. Archived web content

Archived Web Content is exempt if ALL of the following are true. The content:

• was created before April 24, 2026,
• is retained exclusively for reference, research, or recordkeeping purposes,
• is located in a clearly labeled and designated archive section of the website, and
• has not been altered or updated since it was archived.

Examples

Exempt – A water quality report from 1998

• Stored in an archive section of a website.
• The report has not been updated since 1988.

Not exempt – A meeting minutes document from 2023

• Stored in an archive section of a website.
• The document was updated June 12, 2026 to correct a mistake.

How do I use this exception?

If your agency will use the archived web content exception, you must place files in a dedicated “archive” page(s) on your website.

Learn how to archive electronic documents

2. Preexisting conventional electronic documents

This exemption applies if ALL of the following are true:

• Preexisting: The electronic document was available on a State website or mobile application before April 24, 2026.
• Conventional: The document is not used to apply for, gain access to, or participate in any State services, programs, or activities.
• Electronic documents: It is in the following electronic file formats:
  • portable document formats
  • word processor file formats
  • presentation file formats
  • spreadsheet file formats

Examples

Exempt – A 2020 budget summary PDF

• Remains on the website for historical reference.
• The report has not been updated since 2020.

Not exempt – A 2023 application form or brochure 

• Still used by the public to request services.

How do I use this exception?

If your agency will use the preexisting conventional electronic documents exception, the documents can stay as is on your websites. You must create a page with steps on how visitors can request an accessible copy of the document.

Learn how to create an Accessibility Request page

3. Content posted by a third party

Content posted by a third-party is exempt if ALL of the following are true:

• The content was posted by a third party.
• The third party is not under contract, license, or other arrangement with the State.

How do I use this exception?

If your agency will use the content posted by a third party exception, the documents can stay as is on your websites. You must create a page with steps on how visitors can request an accessible copy of the document.

Learn how to create an Accessibility Request page

4. Individualized password-protected documents

A password-protected electronic document is exempt if ALL of the following are true:

• The document is specific to an individual, their property, or their account.
• The document is accessible only through a secure, password-protected system.

How do I use this exception?

If your agency will use the password-protected documents exception, the documents can stay as is on your websites. You must create a page with steps on how visitors can request an accessible copy of the document.

Learn how to create an Accessibility Request page

5. Preexisting social media posts

Preexisting social media posts are exempt if they were posted before April 24, 2026.

How do I use this exception?

If your agency will use the preexisting social media posts exception, the posts can stay as is on your websites. You must create a page with steps on how visitors can request an accessible copy of the document.

Learn how to create an Accessibility Request page