ADA Title II PDF exceptions: which old documents to fix
Updated · Rotomal
Under the ADA Title II web rule, PDFs and other office documents posted before your compliance date generally do not have to meet WCAG 2.1 AA, unless people currently use them to apply for, access or participate in your services. Old content that meets all four archive conditions, and individualized documents behind a password, are also excepted. Everything posted after the date, and every document people use to get a service, must conform.
The document exceptions
| Exception | Conditions | Does not cover |
|---|---|---|
| Preexisting conventional electronic documents | Word, presentation, PDF or spreadsheet files posted before the compliance date | Documents currently used to apply for, access or participate in services; anything posted after the date |
| Archived web content | All four: created before the compliance date (or reproduces older physical media), kept only for reference, research or recordkeeping, held in a designated archive area, unchanged since archiving | Content that is still in active use or has been edited |
| Individualized, password-protected documents | Word, presentation, PDF or spreadsheet files about a specific person, property or account, behind a password or similar security | HTML content; general notices posted in a portal |
| Preexisting social media posts | Posts made before the compliance date | New posts |
| Third-party content | Posted by members of the public, not on the government's behalf | Content posted by the government or its contractors, and the platforms themselves |
ADA.gov stresses that just putting content into an archive is not enough: all four conditions have to be met.
Old documents that still need fixing
- Application and permit forms, even if first posted years ago.
- Fee schedules, eligibility rules and instructions people follow to get a service.
- Enrolment, registration and benefit documents.
- Any document you update after the compliance date.
A sorting order that works
- List every document on the site with the page that links it and its date.
- Flag documents used to apply for or access services: these must conform whatever their date.
- Mark preexisting documents that are only for information and reference.
- Move qualifying old content to a clearly labelled archive area and stop editing it.
- Remove duplicates and files nothing links to.
- Budget remediation for what is left, by page count.
An exception is not a refusal
ADA.gov says that even when an exception applies, an entity may still need to provide an accessible version to a person with a disability who asks for one, under its existing effective communication duties. Keep a way for people to request accessible copies of archived and excepted documents.
Let us do the sorting
Title II Document Triage inventories every document on your site, sorts each one against these exceptions with the reason, and gives you a prioritised fix list and archive plan. $49 document count; $290 for up to 500 documents.
Questions
Do meeting agendas and minutes need to be accessible?
Those posted after your compliance date must conform. Older ones can fall under the preexisting document or archive exceptions if they meet the conditions and are not used to access a service.
Is a scanned PDF accessible?
A scan without a text layer is an image of the page, which screen readers cannot read as text. It needs OCR and tagging, or an accessible alternative, before it can meet WCAG 2.1 AA.
If we archive a document, can we update it later?
Archived content must stay unchanged since it was archived to keep the exception. Editing it brings it back under the rule.
Are documents on third-party sites we link to covered?
Content posted by members of the public is excepted. Content a government posts, or a contractor provides on its behalf, is not.
Does the HHS Section 504 rule have the same exceptions?
The HHS rule adopted WCAG 2.1 AA with its own provisions on when content need not meet it. Check 45 CFR part 84 subpart I for the exact wording before relying on an exception.
Sources
- ADA.gov: Fact sheet, rule on web content and mobile apps of state and local governments Source: ada.gov
- ADA.gov: First steps toward complying with the Title II web and mobile app rule Source: ada.gov
- DOJ: Interim final rule extending Title II compliance dates (April 2026) Source: ada.gov
- HHS: Interim final rule extending Section 504 web and mobile app compliance dates (2026-09266) Source: public-inspection.federalregister.gov