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.

Is the content required for instruction or 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

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

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.

Is there an accessible alternative?

Can people get the same information or complete the same task 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

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.

Is the decision documented?

Have you documented:

  • What the content is
  • Why it can't be fixed now
  • What accessible alternatives are provided
  • When it will be revisited

The Department of Justice (DOJ) evaluates whether agencies can show reasoned decision-making — not perfection. If it is not documented, it will be difficult to defend.

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.

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.