ADA Title II Exceptions – What Is Exempt from Compliance?

In 2024, the U.S. Department of Justice (DOJ) finalized a rule explaining how ADA Title II applies to state and local government websites and mobile apps. The rule requires most public-facing digital content to meet WCAG 2.1 Level AA accessibility standards.

However, the rule also recognizes that not all content can or should be treated the same. Some content may be outdated, rarely used, or difficult to remediate without causing an undue burden. Because of this, the ADA includes limited exceptions.

In this guide, we explain these exceptions, when they apply, and what state and local governments are still required to do under the ADA.

Who must comply and by when

In 2024, the U.S. Department of Justice finalized a rule clarifying how ADA Title II applies to state and local government websites and mobile apps. The rule requires most public-facing digital content, including web pages, mobile apps, documents, images, and videos, to meet WCAG 2.1 Level AA accessibility standards.

The rule applies to state and local government entities, including:

• State and local government departments and agencies
• Public schools and school districts
• Public colleges and universities
• Public libraries
• Public transportation agencies
• Courts and judicial systems

If your organization is one of these, the rule applies to your public-facing digital content regardless of how that content is produced, hosted, or managed. For context on exactly what counts as web content under the rule, see what counts as web content under ADA Title II.

Compliance deadlines: The DOJ issued an Interim Final Rule (IFR) on 20 April 2026 (Federal Register 2026-07663) extending all deadlines by one year. The IFR changed dates only. The technical standard, exceptions, and effective communication obligation are unchanged.

The current deadlines are:

State or Local Government Size	Compliance Date
State and local governments serving 50,000 or more persons	26 April 2027
State and local governments serving 0–49,999 persons	26 April 2028
Special district governments	26 April 2028

For DOJ’s current guidance, see the ADA.gov First Steps page.

Several states, including Colorado, Minnesota, California, and New Mexico, have enacted independent web accessibility requirements not affected by the federal IFR extension. If your entity operates in one of those states, state-level obligations may apply on a different timeline.

The DOJ has stated it fully anticipates implementing the regulation at the new deadline.

ADA Title II exceptions

The rule includes exceptions for cases where accessibility would cause an undue burden or would not meaningfully improve access. State and local governments do not have to meet WCAG 2.1 Level AA for content that falls under these exceptions:

1. Archived web content.
2. Preexisting conventional electronic documents.
3. Third-party content not posted due to a contract or agreement.
4. Individualized, password-protected documents.
5. Preexisting social media posts.

If content does not fit into one of these categories, it usually must meet WCAG accessibility requirements. In the sections below, we break down each of the five exceptions and explain when and how they apply.

Exception #1: Archived web content

Content qualifies for this exception only when all four conditions are met:

1. The content was created before the entity’s compliance date.
2. It is kept solely for reference, research, or recordkeeping purposes.
3. It is stored in a clearly identified archive section of the website.
4. It has not been changed since being placed in the archive.

If any of these conditions is not met, the exception does not apply.

What the exception does not cover:

• Content created after the compliance date, even if later moved to an archive
• Content that has been edited or updated after archiving
• Content that contains current or active information, such as operational hours, active services, or live program details, regardless of where it is stored
• Any archive that is not clearly identified as such to users

Example: A county parks department archives its 2019 trail maps and usage reports in a clearly labeled “Historical Records” section of its website. The maps have not been modified since archiving and are kept for research reference only. That content qualifies for the exception.

A different county archives a PDF park map in the same section, but the map shows current trail routes and active facility hours. That content contains live operational information and does not qualify, regardless of the archive label.

Exception #2: Preexisting conventional electronic documents

Documents qualify when both conditions are met:

1. The format is a word processing file, presentation, PDF, or spreadsheet.
2. The document was available on the website or mobile app before the entity’s compliance date.

What the exception does not cover:

• Documents posted, edited, or updated after the compliance date
• Documents currently used to apply for or access government services, programs, or activities
• Documents converted to different formats after the compliance date

Example: A city government has a collection of zoning board meeting minutes saved as PDFs from 2015 to 2024, available on its website before its compliance date and not modified since. Those documents qualify for the exception.

A PDF application form for a current housing assistance program does not qualify: it is actively used to access a government service, regardless of when it was first posted.

For documents that don’t qualify for this exception, see how to make PDFs accessible.

Exception #3: Third-party content not posted on behalf of the government

Content qualifies when it is:

• Posted by a third party, such as a member of the public, a community organization, or another non-government party
• Posted without any contractual arrangement, licensing agreement, or formal relationship with the government entity

What the exception does not cover:

• Content posted by contractors acting on behalf of the government
• Content the government itself posts or selects
• Government-selected tools embedded into the website, such as online payment systems, maps, reservation systems, or permit portals, even when those tools are built and operated by third-party vendors
• Any content posted under a licensing or formal agreement between the government and a third party

Example: A public library’s website hosts a community bulletin board where local residents post event announcements. Those posts qualify for the exception. The library did not originate them and has no formal arrangement governing them.

That same library’s website embeds a third-party room reservation tool. Even though the tool is built by an outside vendor, the library selected it and embedded it to deliver a government service. The tool does not qualify for the exception.

Exception #4: Individualized documents that are password-protected

Documents qualify when all three conditions are met:

1. The format is a word processing file, presentation, PDF, or spreadsheet.
2. The content is about a specific person, property, or account.
3. The document is password-protected or otherwise secured so that only the relevant individual can access it.

What the exception does not cover:

• HTML pages, even when they present individualized information behind a login
• Documents that are not individualized, such as reports, policies, or forms shared across multiple people or accounts
• Content that is accessible without password protection or security

Example: A county tax assessor sends property owners a password-protected PDF showing their individual property assessment. That document qualifies for the exception: it is individualized, in an exempt format, and secured.

A general tax appeal form available to all property owners does not qualify: it is not individualized to a specific person or property.

Exception #5: Preexisting social media posts

Content qualifies when:

• It was published before the entity’s compliance date

That is the primary test. If the post was live before the compliance deadline, it qualifies.

What the exception does not cover:

• Posts published on or after the compliance date
• Pre-deadline posts that are reposted or updated after the compliance date to serve a current program or service: reusing or revising content for current purposes means the post no longer qualifies under the original exception

Example: A city sanitation department posted a 2017 snowstorm alert on its Facebook page. That post qualifies: it predates the compliance deadline and has not been reposted or updated.

The same department reposts that message in 2027 to communicate current service disruptions. The repost is now serving a current operational purpose and does not qualify.

Additional exception: fundamental alteration and undue burden

Beyond the five named content exceptions, the rule preserves the standard ADA exception for fundamental alteration and undue burden. An entity is not required to take actions that would result in a fundamental alteration to a program or service, or impose an undue financial or administrative burden.

Whether a modification constitutes an undue burden depends on:

• The entity’s overall size and available resources
• The nature and cost of the action required
• The specific circumstances of the program or service

These determinations are not permanent. An action that qualifies as an undue burden in one year may not qualify in the next as an entity’s resources or circumstances change. Assessments should be documented and reviewed periodically.

Example: A small rural water district with limited IT staff and no dedicated web team may be able to claim undue burden for remediating a large archive of scanned historical meeting records, particularly if providing accessible alternatives upon request is feasible. A large city government with a full IT department and a significant web budget is unlikely to meet the undue burden threshold for the same type of content.

For more details about fundamental alteration and undue burden, we recommend you check out the final rule in the section of the appendix called “Section 35.204 Duties” and the Department’s State and Local Governments page.

What happens if no exception applies

Most of your public-facing web content won’t qualify for any exception. For everything that doesn’t, WCAG 2.1 Level AA is the standard.

In practical terms, that means every public-facing web page, mobile app screen, document, image, and video your entity publishes must be perceivable, operable, understandable, and robust for users with disabilities.

Here is how to move forward:

1. Inventory your content. List every content type your entity publishes: web pages, PDFs, videos, social media, embedded tools. Group them by the exception categories above to determine what is exempt and what is not.
2. Document your exception decisions. For each item you claim as exempt, record which exception applies, why the qualifying conditions are met, and the date of that determination. This documentation matters if a compliance decision is challenged.
3. Run an accessibility audit on non-exempt content. For everything that doesn’t qualify for an exception, you need a clear picture of where your WCAG 2.1 Level AA gaps are. A tool like WebYes Accessibility can scan your site and flag which pages have issues, so your team knows where to focus remediation effort.
4. Prioritize by access impact. Fix content that directly supports government services, benefits, or legal rights first: application forms, service portals, emergency notices. Archive or deactivate content that cannot be remediated before your deadline and doesn’t qualify for an exception.
5. Monitor and maintain. Accessibility compliance is not a one-time fix. New content published after your compliance date must meet WCAG 2.1 Level AA from the start. Build a review cadence so that exception-eligible content stays within its qualifying conditions and remediated content does not regress.

The extended deadlines give you more time to get this right — not permission to pause. The exceptions narrow your remediation scope; the steps above define your starting point.

FAQs on ADA Title II exceptions