Do You Need to Fix Your Digital Content? ADA Title II

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

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 required for instruction or services?

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

Does this content allow the public to:

Access government programs or services?
Submit applications, forms, or payments?
Participate in hearings, meetings, or public comment?
Access required public notices or records?

Examples that usually qualify as “in scope”:

Benefits or assistance applications
Licensing and permit forms
Public safety alerts
Public meeting agendas and minutes
Election or voter information

Yes

2/7

Is this currently being used?

Is this content part of:

An active government program or service?
An ongoing public initiative?
A current compliance or reporting requirement?

Indicators content is “current”:

Linked from an active webpage
Still used in ongoing processes
Required for applications, eligibility, or participation

Yes

2/7

Is the content truly archived?

Is it:

Kept only for records retention?
Not used in current programs or services?
Separated from active materials?

Important:

“Old” does not automatically mean “archived.”
If the public still relies on it, it is not exempt.

Yes

2/7

Is there an accessible alternative?

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

Examples of acceptable alternatives:

Accessible web pages instead of scanned PDFs
Staff assistance provided in a timely, documented way
Updated forms that fully replace older versions

Yes

2/7

Would remediation be an undue burden right now?

Would fixing this require significant difficulty or expense relative to agency 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 agencies 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 government organizations 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.

Learn more

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