Archived Web Content Exception Under ADA Title II
Faculty and Staff Guidance from the ADA Digital Accessibility Center (ADA DAC).
Legal Authority: 28 C.F.R. § 35.104 (2024) (defining archived web content) and § 35.201(a) (setting accessibility standards for web content).
Purpose
When reviewing older digital content—whether it is no longer used, needed, or maintained, you may decide that some materials can be removed or updated. Others may still have historical, legal, or reference value and remain online, even if they do not meet current accessibility standards—but only if those materials meet strict criteria for the archived web content exception under federal law.
This exception applies to any digital content made available online, including:
- Public-facing websites
- Instructional content hosted in platforms like Canvas
This guidance will help you apply the exception correctly—whether you are managing a website or working with archived course materials—while staying in full compliance with the Americans with Disabilities Act (ADA).
Just as important:
Even if content qualifies for the archived content exception, faculty and staff are still responsible for providing an accessible version—or an equally effective alternative—if someone with a disability requests it. This obligation applies to all digital content, regardless of where it appears—on a website, in a course, or in any other digital format used to deliver information to students, employees, or the public.
Why This Matters
The archived content exception is not a blanket exception or a free pass—it’s a narrowly defined legal option to help units responsibly manage older content that’s no longer in use. It supports thoughtful decisions about what stays online and what can be removed—while still protecting access for people with disabilities.
Used correctly, the exception:
- Enables continued access to historical and reference content
- Reduces the need to remediate content no longer in active use
- Maintains accessibility for people with disabilities through alternative formats when needed
When Content Qualifies as Archived
To apply this exception, the content must meet all four of these legal requirements:
- Created before 04/24/2026, or is a reproduction of something that was (such as a scanned handout, audiotapes, film negatives, or CD) created before that date; AND
- Used only for research, reference, or recordkeeping. It is not being kept for use in current instruction, programs, services, or public communication; AND
- Stored in a clearly labeled archive section, so users understand it may not meet accessibility standards; AND
- Not changed after being archived. Any edits, however minor, disqualify the content from this exception.
Reminder: All four must be true. If even one is missing, the content must meet the Minimum Digital Accessibility Standards.
Examples: What Does and Does Not Qualify
Likely Qualifies (If All 4 Conditions are Met):
- A 2012 course catalog in PDF format
- A department newsletter from 2009
- A website from a grant-funded project that ended in 2015
- A scanned image of a printed 1998 report
Does Not Qualify
- A 2012 PDF linked in a current course or program
- An old page that is updated in 2027
- Content not stored in a labeled archive section
- Anything that’s still actively used for participation in a program, service, or activity
Maintain an Archive Inventory
Keep a list of archived URLs/URLs containing archived information in a Local inventory or within MyRME to support transparency and to help respond promptly to access requests.
Making It Easy to Request Accessible Versions
Even when content qualifies as archived, the ADA still requires effective communication with individuals with disabilities.[1] This means users must be able to easily request and receive content in accessible formats when needed.
To support this, each department or team should work together to:
- Make sure there’s a clear, visible way for individuals with disabilities to request access to archived content
- Add a short message or banner at the top of archived pages that lets users know how to request an accessible version
Suggested language for a banner at the top of the unit’s page or section of a page that is dedicated to archived content: “This page/content is part of the [unit or university] Web Archive. It is no longer maintained and may not meet accessibility standards. To request content in an accessible format, contact [unit or group email address].”
If someone makes a request, Ohio State’s Digital Accessibility Policy requires that:
- A response is sent within 1 business day
- An accessible version or an equally effective alternative is provided within 10 business days
- The request and response are shared with your unit’s accessibility coordinator and the ADA Digital Accessibility Center
Faculty, staff, and web editors can also make this process smoother by:
- Offering a simple, accessible request form to help users with disabilities clearly and quickly request an accessible, alternative format
- Labeling archived content in ways that make its status obvious and reduces confusion
- Any new documents or repurposed archived documents must meet WCAG 2.1 AA standards if used after April 24, 2026.
Archived Canvas Courses: What to Expect
Canvas Courses will be marked as archived and set to read-only after the incomplete date has passed. [Further information will be added as additional details are worked out].
Key Points:
- “Archive” will be added to the course title
- Courses will become read-only by default, including all past semester academic courses.
- Users may still be added to an archived course for research or reference purposes.
- Any content that is pulled from an archived course to use in a new course must be checked for accessibility and made accessible before being published.
Archived Web Content Frequently Asked Questions (FAQs)
Instructional & Course Content FAQs
These questions address how the archived content exception applies to instructional materials, Canvas courses, and content reused in teaching and learning. The key principle: if content is still used for instruction, advising, or is accessed by students to participate in university programs or services, it must be accessible.
- No. If the content is still in use for instruction or student access, it must meet accessibility standards, regardless of where it’s posted or how old it is. The exception only applies to content that’s no longer in use and meets all four legal criteria.
- Yes, but only if it is made accessible first. Archived content is not a shortcut for avoiding accessibility requirements if it’s being reused.
- Encourage faculty to build accessible version of content now, especially materials they may want to reuse. Building accessibility into the design process is more efficient than retrofitting later when a student needs it.
- No. Archived content cannot be reposted, embedded, linked, or used as content in current courses, websites, or tools, and cannot be used as required readings, instructional materials, or components of active programs. The exception only applies to content retained for reference, research or recordkeeping, not active use. Before archived content is brought back into active use, it must be made accessible. Reuse removes its eligibility for the archived content exception.
- No. If you think you might reuse it, it is best to make it accessible now. Content retained for potential reuse is not considered “inactive” and should meet accessibility standards. Archiving is meant for permanent reference materials, not storage between uses.
Managing Archived Content FAQs
These questions cover how the archived content exception applies to web content in general, including technical edits, archiving practices, and legal requirements.
- No, to qualify under the Title II archived web content exception, all 4 criteria must be met.
- Content cannot be revised, refreshed, or repurposed after the date of archival. Not even to fix typos. Minor backend changes for purposes like web server migration, virus protection, or URL changes are fine if they do not alter content or structure. However, when an entire webpage is archived, changes to its structure (which may happen as the result of updates to the Content Management System or plugins) are not fine. Because of this, units should convert fully archived webpages into static pages.
- No. Units have flexibility. What matters is clarity and predictability. Users must be able to easily recognize archived content they may not be able to access. In some circumstances a unit may wish to create separate web pages or websites to store archived web content. In other circumstances, a unit may wish to clearly identify that a specific section on a web page contains archived web content, even if the web page also contains non-archived content in other separate sections. Suggested language for a banner on a unit’s page that is dedicated to archived content: “This page is part of the [unit or university] Web Archive. It is no longer maintained and may not meet accessibility standards. To request content in an accessible format, contact [unit or group email address].”
- “Legacy” status is no longer relevant in light of the updates to Title II. Under the new regulation, effective April 24, 2026, web content and mobile apps must be accessible (except in very narrow circumstances such as where a regulatory exception applies).
- Yes, but only if the archive is clearly labeled, and the link itself makes it obvious that the user is accessing archived material. The destination page must also include an accessibility notice and contact information for requesting access. While the archived web content isn’t required to meet WCAG 2.1 AA, any information that notifies users about the existence of archived web content and provides users with access to archived web content must still conform to WCAG 2.1, Level AA. For example, a public entity’s archive may include a list of links to download archived documents. For the links to conform with WCAG, the link must include enough information for the user to understand the topic of the document or content AND know that it is archived.
- Not necessarily. You must provide the individual with an accessible version or an equally effective alternative, but you do not have to replace the original file unless you intend to reuse it or bring it back into current use. In some circumstances it is not feasible to replace the inaccessible content with the accessible, alternate version. For instance, if the source document is from a third-party product (e.g., an article in a digital Westlaw database accessed through the library).
- Yes, minor adjustments, such as redacting personally identifying information, may be made before archiving, even if those adjustments are made after the compliance date (04/24/26).
- Any change means the exception no longer applies. Once content is archived, even minor edits, like fixing a typo or replacing a file, results in loss of eligibility for the archive exception and requires the entire page or file to meet current accessibility standards.