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Happy summer! On this last day of June, we're sharing our third email focusing on the new ADA Title II regulations. This month we're covering the five exceptions included in the rule. 

Please note that these exceptions are not blanket exemptions and do not apply if they prevent equal access to the university's programs, services or activities. We should always strive to offer accessible content. If you have any questions about whether or not your content would be considered an exception, please contact us.

Thank you for your work and commitment toward ensuring digital accessibility for our university community.

The new Title II regulations include several exceptions. As we mentioned above, these exceptions are not blanket exemptions and do not apply if they prevent equal access to the university's programs, services or activities.

Some older web content is considered archived and is not required to be accessible. If web content meets all four of the following criteria, it may be considered archived web content.

1. It was created before April 24, 2026, or reproduces the contents of other physical media created before that date; and
2. It is kept only for reference, research or recordkeeping; and
3. It is not altered or updated after the date of archiving; and
4. It is organized and stored in a dedicated area or areas clearly identified as being archived. It must remain unchanged since being archived.

Please note point two above. Archived content may only be assigned to content that is no longer actively used for university programs, services or activities.

Please contact us if you need help determining whether or not your content may be considered archived.

• A PDF form that was created in 2024, but must be filled out by students to participate in a current program must be accessible.
• If a library creates a new website that features historic documents, those historic documents must be accessible.
• Meeting minutes from 2023 that are stored in an archive section of a website and not used by any class, program or activity are not required to be accessible.

Some older documents are not required to be accessible. Documents that meet all three of the following points would be considered pre-existing conventional document and are not required to comply with WCAG Level 2.1 AA.

1. It is a PDF, word processing, presentation or spreadsheet file; and
2. It was made available online before April 24, 2026; and
3. It is not currently used to apply for, gain access to, or participate in UB programs, services or activities.

• An event flyer posted as a Word document on a UB website in 2024 is not required to be accessible.
• A PowerPoint presentation posted on a UB website after April 26, 2026, must be accessible.
• A PDF form that was created in 2024, but must be filled out by students to participate in a current program must be accessible.

1. If It was posted by a third party on a UB website or mobile app; and
2. It was not posted due to contractual, licensing, or other arrangements with UB.

• A message that a member of the public posts on a university’s online message board is not required to be accessible.
• Content posted on a UB website posted by a contracted consultant must be accessible.
• A social media post created by a marketing firm contracted to post content for an initiative campaign must be accessible.
• A website created by a web designer hired by a UB department must be accessible.

Documents that meet all three of the following points do not need to meet WCAG 2.1, Level AA:

1. The documents are word processing, presentation, PDF or spreadsheet files, and
2. The documents are about a specific person, property or account, and
3. The documents are password-protected or otherwise secured.

A PDF version of a student’s transcript on a password-protected website is not required to be accessible.

Social media posts published after April 24, 2026 are required to be accessible.

A 2023 social media post by the UB Instagram is not required to be accessible.