The U.S. Department of Justice’s updated Title II of the ADA regulations include limited and specific exceptions that may apply to certain types of digital content. These exceptions are intended to recognize practical constraints while still ensuring meaningful access to programs, services, and activities.
When reviewing digital content, it is important to apply these exceptions carefully and consistently. If you have questions about whether an exception applies to specific content, please contact gtaccessibility@gatech.edu.
Recognized Title II Exceptions
1. Archived Web Content
Archived web content (e.g. outdated course materials, documents, etc.) may be excluded from the updated Title II accessibility requirements only if all four of the following criteria are met:
- Created before April 24, 2026, or reproduces paper records or other media created before that date; and
- Maintained solely for reference, research, or recordkeeping purposes; and
- Stored in a clearly designated archived area of a website or digital platform; and
- Unchanged since being archived.
If archived content is modified, relocated, or repurposed for active use, it may no longer qualify for this exception.
2. Preexisting Conventional Electronic Documents
Certain conventional electronic documents that were available on a Georgia Tech or University System of Georgia website or mobile application before April 24, 2026, may qualify for an exception.
This exception applies only if the documents are not used after the compliance deadline to apply for, gain access to, or participate in the Institute’s programs, services, or activities.
Eligible document types include:
- Word processing files
- Presentations
- PDFs
- Spreadsheets
Documents that remain operational, instructional, or required for ongoing use after April 24, 2026, must be accessible.
3. Third-Party Content Not Under Institutional Control
Content posted by third parties may qualify for an exception if the third party is not acting under a contractual, licensing, or other formal arrangement with Georgia Tech or the University System of Georgia.
Examples include:
- Public comments made by non-institutional users on Georgia Tech social media platforms
This exception does not apply to third-party tools, platforms, or content that Georgia Tech selects, licenses, embeds, or uses to deliver programs or services.
4. Individualized, Secure Documents
Individualized conventional electronic documents may qualify for an exception when all three of the following apply:
- The document is a word processing file, presentation, PDF, or spreadsheet.
- The document relates to a specific individual, their property, or their account.
- The document is password-protected or otherwise secured.
If the individual requests the document in an accessible format, Georgia Tech will generally be required to provide accessible access to that content.
5. Preexisting Institutional Social Media Posts
Social media posts created and published by Georgia Tech before April 24, 2026, may qualify for an exception under the updated Title II regulations.
New social media posts created after the compliance deadline must meet accessibility requirements.
Important Reminder
Title II exceptions are limited and conditional. They do not eliminate the obligation to provide meaningful access to programs, services, and activities. When accessibility barriers affect a person’s ability to access essential information or services, Georgia Tech may still be required to provide accessible alternatives or remediation.
When in doubt, consult gtaccessibility@gatech.edu for guidance.