Digital Accessibility Exceptions at the University of Northern Iowa

The Title II web and mobile application rule identifies five types of content that may be excepted from its WCAG 2.1 Level AA requirement when their specific criteria are met: 

• Archived web content
• Preexisting conventional electronic documents
• Certain content posted by unaffiliated third parties
• Individualized, password-protected or otherwise secured conventional electronic documents
• Preexisting social media posts

The absence of an accessible version is not itself an exception. Even when a content exception applies, UNI must respond when a person with a disability needs access to the material. See the DOJ’s explanation of the exceptions.

Fundamental alteration and undue financial and administrative burdens are separate institutional determinations, not content exceptions. The head of the public entity or a designee must consider available resources and document the reasons for such a determination in writing. UNI must still provide access to the maximum extent possible. The university process for requesting a determination is being developed; units should not make these determinations on their own.

Archived Web Content

Federal accessibility regulations include a limited exception for archived web content.

Web content must meet all four of the following criteria to qualify as archived:

1. The web content was created before April 27, 2027, or reproduces a paper document or the contents of other physical media created before that date.
2. The content is kept only for reference, research, or record-keeping purposes
   • If the content is used for a current university program, service, or activity, it does not qualify
3. The content is stored in a clearly identified archived location
4. The content has not been altered or updated since being archived

If all four criteria are met, the content does not require proactive remediation to WCAG 2.1 AA.

Examples

• A university website includes an article from 1997 in a clearly marked archive section. The article may qualify as archived content if all four archived-web-content conditions are met.
• A grant-funded project website that ended in 2025 and is clearly labeled as archived may qualify for the exception if all four archived-web-content conditions are met.
• Archived research data created before April 26, 2027 and stored in a designated archive may qualify for the exception if all four archived-web-content conditions are met.

If archived material is reused for a current course, event, or program, the archived exception no longer applies, and the material must be accessible.

Accommodation reminder

Even when content qualifies as archived, if someone with a disability requests access, the university must provide an accessible version or an equally effective alternative.

Conforming Alternate Versions

When it is not possible to make web content accessible due to technical or legal limitations, a public entity may provide a conforming alternate version of the web content.

• Technical limitations beyond the university’s control
• Legal restrictions that prevent modification

A conforming alternate version is a separate, accessible version of web content that is current and contains the same information and functionality as the inaccessible web content.

Conforming alternate versions should be used only when remediation is not possible, not as a substitute for building accessible content.

Examples

• A legally required document that must remain in a specific inaccessible format may require an accessible alternate version.
• A new technology that cannot yet be made accessible may require a temporary alternate version.

Lack of training, time, or awareness does not qualify as a technical limitation.

What to do if you think an exception may apply

Determining whether digital content qualifies for an exception depends on specific regulatory criteria. For instance, materials actively used in current courses, programs, or operations generally cannot be exempted as archived content.

Important Guidelines for Exception Requests:

• Avoid self-approval: All exceptions must be reviewed to ensure institutional compliance.
• Focus on remediation first: Making content accessible remains the primary goal whenever feasible.
• Accommodations are always required: Exceptions reduce remediation burdens in rare cases, but they do not remove UNI’s responsibility to ensure equitable access.

Exceptions minimize remediation burden in limited situations. They do not remove UNI’s responsibility to provide equitable access to its programs and services.

If you would like technical guidance on remediation of content, please contact ITS through Service Hub.