Title II Exceptions Guide
Applies to: All staff who create, manage, approve, post, or maintain web content for a public entity.
Under the 2024 DOJ Title II rule, public entities must ensure their web content meets WCAG 2.1 Level AA, unless a very narrow exception applies.
Exceptions are limited. They should not be assumed. When in doubt, consult the EIRAC.
The General Rule
If web content is:
- Public-facing, or
- Used to provide programs, services, or activities
It must be accessible and conform to WCAG 2.1 AA. Accessibility is the default. Exceptions are rare.
Archived web content exception
Web content that meets all four of the following points would not need to meet WCAG 2.1, Level AA:
- The content was created before the date the state or local government must comply with this rule, or reproduces paper documents or the contents of other physical media (audiotapes, film negatives, and CD-ROMs for example) that were created before the government must comply with this rule, AND
- The content is kept only for reference, research, or recordkeeping, AND
- The content is kept in a special area for archived content, AND
- The content has not been changed since it was archived.
This exception does not apply unless all four points are present.
Please refer to the Title II exception guide for instructions for creating a website archive.
Preexisting conventional electronic documents exception
Documents that meet both of the following points usually do not need to meet WCAG 2.1, Level AA, except in some situations:
- The documents are word processing, presentation, PDF, or spreadsheet files; AND
- They were available on the state or local government’s website or mobile app before the date the state or local government must comply with this rule.
This exception does not apply unless both points are present.
Please refer to the Title II exception guide for instructions for managing existing non-archival documents.
Content posted by a third party where the third party is not posting due to contractual, licensing, or other arrangements with a public entity
Third parties sometimes post content on state and local governments’ websites or mobile apps. Third parties are members of the public or others who are not controlled by or acting for state or local governments. The state or local government may not be able to change the content third parties post.
- Content that is posted by third parties on a state or local government’s website or mobile app would not need to meet WCAG 2.1, Level AA.
This exception only applies to content posted by a third party.
This narrow exception may apply to content that:
- Is created by a third party.
- Is not controlled by the public entity.
- Is not modified or significantly influenced by the entity.
Examples that may qualify:
- External news articles
- Social media comments
- User-generated content
Examples that do NOT qualify:
- Vendor-hosted systems used to provide services
- Payment portals.
- Application systems.
- Registration platforms.
- Learning management systems.
- Any contracted system delivering programs or services.
If Texas State selects, contracts for, or relies on the tool to provide services, it must be accessible.
Individualized, Password-Protected Content
The rule provides limited flexibility for documents that are:
- Specific to an individual.
- Securely delivered.
- Not intended for public distribution.
Examples:
- Individual account statements
- Secure billing records
However:
If the system used to access these materials is required to obtain services, the system itself must be accessible.
Preexisting social media posts
For many state and local governments, making all of their past social media posts accessible may be impossible. There also may be very little use to making these old posts accessible because they were usually intended to provide updates about things happening at the time they were posted in the past.
For these reasons, social media posts made by a state or local government before the date the state or local government must comply with this rule do not need to meet WCAG 2.1, Level AA.
Please see Standards for Social Media.
Emergency Situations
The rule does not create a broad emergency exemption.
- Emergency information must still be accessible.
- In genuine emergencies, short delays in full remediation may occur but content must be made accessible as soon as possible.
- Critical public safety information should always be provided in accessible formats.
What Is NOT an Exception
The following are not valid reasons to avoid accessibility:
- Budget constraints.
- Lack of time.
- Low website traffic.
- Vendor limitations.
- “No one has complained”.
- Age of the content if content is actively used.
Title II does not allow these as exceptions.
Requests for Accessible Access
Even if content qualifies under an exception, if a person with a disability requests access, the entity must:
- Provide the information in an accessible format
- Do so in a timely manner
- Ensure equal access
Exceptions do not remove the obligation to provide access upon request.
Practical Decision Guide
Before relying on an exception, ask:
- Is this content part of a current program or service?
- Is it required for someone to apply, enroll, register, pay, or participate?
- Is it frequently used?
- Is it necessary to understand rights, obligations, or benefits?
If the answer to any of these is yes, then it must be accessible.
If uncertain please seek guidance before publishing or relying on an exception.
Organizational Responsibility
Accessibility under Title II is an institutional obligation.
Responsibility may involve:
- Content creators
- Communications teams
- IT staff
- Procurement officers
- Program managers
- Leadership
Accessibility cannot be avoided by outsourcing or delegating.
Safe Operating Principle
If web content is:
- Public
- Current
- Required
- Interactive
- Program-related
It must meet WCAG 2.1 AA. Exceptions should be rare, documented, and reviewed.