The ADA’s Title II web rule requires WCAG 2.1 AA conformance for state and local government websites and mobile apps, but it carves out five specific content exceptions. Public entities planning an audit should understand these exceptions before deciding which content to prioritize for remediation.
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Exceptions to Web Rule
Below is a summary of the content exceptions to the new Title II web accessibility rule recently published by the Department of Justice in April 2024. The rule generally requires WCAG 2.1 AA conformance, but there are five exceptions for specific kinds of content.
Even when one of these exceptions applies, other ADA obligations remain in effect. State and local governments must still provide effective communication, reasonable modifications, and equal opportunity to participate. If a person with a disability requests access to excepted content, the government must provide it in an accessible format.
Archived Web Content
Archived content qualifies as an exception if all of the four points listed below are met:
- Creation Date: The content was created before the compliance deadline or reproduces materials like audio tapes or CDs from before this date.
- Purpose: Used solely for reference, research, or record-keeping.
- Storage: Located specifically in an archived section.
- Updates: Has not been modified since being archived.
Pre-existing Electronic Documents
This exception does not cover documents that people currently use to apply for, access, or participate in government services, programs, or activities. Those documents must conform to WCAG 2.1 AA regardless of when they were first posted.
Any document still actively used for government services must be WCAG 2.1 AA conformant, even if it was posted before the compliance deadline.
It’s crucial to remember that any actively used documents must be WCAG 2.1 AA conformant.
Content Posted by Independent Third Parties
Content that a third party independently uploads to a platform or website is not under the control of the public entity, thus exempt. For example, if a member of the community posts a message on a message board or adds a comment to a Facebook page.
Individualized Password-Protected Documents
Another exception is for documents that are specific to one person, property, or account that are password protected and are in one of the formats listed. Here there are three separate conditions that must be met:
- The document is either a word processing document, PDF, presentation, or spreadsheet.
- The document is for an individual, property, or account.
- The document is password protected.
An example of such a document is an old water bill.
Preexisting Social Media Posts
Social media posts created before the compliance deadline are exempt. This highlights the importance of the creation date in determining eligibility for an exception.
Compliance Deadlines
Content only qualifies for an exception relative to that entity’s compliance deadline. Under the April 2024 rule as amended by the Interim Final Rule, entities with a population of 50,000 or more must conform by April 26, 2027. Entities with fewer than 50,000 people, and all special district governments, must conform by April 26, 2028.
- Public entities of populations of less than 50,000 have 3 years
- Special district governments have 3 years
- Public entities of populations of 50,000 or more have 2 years
Training
Even though there is time before the compliance deadline, state and local governments should start training their digital teams on how to create and post accessible content. The roles directly impacted by web content include:
- Social media managers
- Document creators
- Blog post writers
There are five key exceptions where content does not have to be WCAG 2.1 AA conformant. Public entities should track which content falls under an exception so they can direct their budget toward the websites, apps, and documents that still require full conformance.
Conclusion
There are five key exceptions where content does not have to be WCAG 2.1 AA conformant. It is essential for public entities working towards compliance to know about these exceptions so they can conserve their budget and focus on their websites, apps, and other content that does not qualify for an exception.
Resources
Read about the exceptions on the official ADA.gov Fact Sheet for the new Title II rule.
To learn the details behind the new rule, read the official web rule titled, “Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities” in the Federal Register.
Do you need help with Title II digital accessibility compliance? Visit Accessible.org to learn more about our done-for-you approach to website accessibility services.
