Document Exemptions

Exemptions from complying with ADA Title II

1. Archived electronic content
Archived electronic content is exempt if ALL of the following are true:
• The document was created before April 24, 2026.
• It has been archived solely for reference, research, or recordkeeping purposes.
• It is located in a clearly labeled and designated archive section of the website.
• It has not been altered or updated since it was archived.
Examples:

Exempted	A water quality report from 1998. Stored in an archive section of a website. The report has not been updated since 1988.
Not exempted	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.

2. Preexisting conventional electronic documents
Preexisting electronic content is exempt if ALL of the following are true:
• The electronic document was available on a State website or mobile app before April 24, 2026.
• The document is not used to apply for, gain access to, or participate in any State’s services, programs, or activities.
Examples:

Exempted	A 2020 budget summary PDF Remains on the site for historical reference
Not exempted	A 2023 application form or brochure Still used by the public to request services

3. Content Posted by a Third Party
Third-party electronic content is exempt if ALL of the following are true:
• The electronic document was posted by a third party.
• The third-party is not under contract, license, or other arrangement with the State.
4. Individualized password-protected documents
Password-protected electronic content is exempt if ALL of the following are true:
• The document is specific to an individual.
• The document is accessible only through a secure, password-protected system.
5. Preexisting social media posts
Preexisting social media posts are exempt if they were posted before April 24, 2026.