What must be remediated now — and what may qualify for exception in higher education

This tool helps you decide what needs remediation now under Title II — and what may qualify for a documented exception. It does not replace legal review or guidance.

1/7

Is the content student-facing?

Can students (or prospective students) access this content as part of instruction, enrollment, or required services?

Examples generally outside scope:

Internal administrative systems used only by staff
Faculty-only tools not accessed by students
Internal research or planning systems

Why this matters:

Title II applies to programs, services, and activities provided to the public, which in higher education includes students and applicants — not internal operations.

Yes

2/7

Is the content required for instruction or services?

 Does this content allow students to:

Participate in coursework?
Complete assignments or assessments?
Apply for admission, aid, housing, or accommodations?
Register or manage enrollment?

Examples that usually qualify as “in scope”:

Benefit applications
Licensing and permit portals
Public notices and forms
Service-related PDFs
Court or election-related information

Yes

2/7

Is it current and actively used?

Is this content part of:

An active course?
Ongoing instruction?
A current student-facing system?

Indicators content is “current”:

Referenced by an active webpage
Used in ongoing processes
Still required for compliance, benefits, or participation

Yes

2/7

Is the content truly archived?

 Is it:

Kept only for records or history?
Not used in current instruction or services?
Separated from active materials?

Important clarification:

“Old” does not automatically mean “archived.”
If students still rely on it, it is not exempt.

Yes

2/7

Is there an accessible alternative available?

Can students access the same information or complete the same requirement in an accessible way?

Examples of acceptable alternatives:

Accessible web pages instead of inaccessible PDFs
Staff-assisted processes that are timely and effective
Updated forms that fully replace older versions

Yes

2/7

Would remediation be an undue burden right now?

Would fixing this require significant difficulty and significant expense relative to institutional resources?

Key clarification:

Undue burden depends on the situation and your available resources. It is not a permanent exception or a blanket reason to avoid remediation.

Yes

2/7

Is the decision documented?

Have you documented:

What the content is
Why remediation is difficult now
What alternatives are provided
When it will be revisited

DOJ expectations focus heavily on whether institutions can show reasoned decision-making, not perfection.

Yes

2/7

Remediation likely required

This content appears to fall within ADA Title II requirements and should be prioritized before April 2026.

The good news: you don’t have to navigate this alone.  

accessiBe supports higher education institutes with scalable, defensible accessibility solutions.

Learn more

2/7

May qualify for exception

This content may not require immediate remediation. However, Title II still applies to active public-facing digital services. 

The good news: you don’t have to guess where you stand. 

Run a scan to see how your website performs against accessibility standards.