Exceptions to Title II

What the rule says:

“Documents that meet both of the following points usually do not need to meet WCAG 2.1, Level AA, except in some situations: 

1. The documents are word processing, presentation, PDF, or spreadsheet files; AND 
2. They were available on the state or local government [including UW]'s website or mobile app before the date the state or local government must comply with this rule.” 

 

What this means for you: 

1. You do not have to make all your old documents accessible. 
2. You do have to make any old documents that people are still using “to apply for, access, or participate in services, programs, or activities” accessible. After April 24, 2027, this will include digital materials used in classes, such as content posted on Canvas.
3. After April 24, 2027, any content you want to use this exception on can never be updated. As soon as you change it in any way, it no longer qualifies for this exception and would need to be made accessible at that time. 
4. Any documents created after April 24, 2027 can never qualify for this exception. This is because all content created after April 24, 2027 must be made accessible from the beginning, so the exception is useless at that point. 
5. Even if a document qualifies for this exception, if someone requests an accessible version of it, you still have to make it accessible for them. This is a requirement found in the rest of Title II. 

What the rule says: 

“Content that is posted by third parties on a state or local government [including UW]’s website or mobile app would not need to meet WCAG 2.1, Level AA.” 

 

What this means for you: 

1. This exception does not apply to content posted by your vendors! In this case, “third parties” means “members of the public.” 
2. Any of the tools and platforms that allow members of the public to post content onto your website do need to be accessible. However, the content that the public posts using those tools does not. Basically, you can not force a member of the public to create accessible content, so that means you are not responsible for it. For example: 
3. If you have a message board on your website, the message board itself must be accessible. Any posts you or any of your vendors make on your message board must also be accessible. But any posts that members of the public make on your message board do not need to be accessible. 
4. Even if content qualifies for this exception, if someone requests an accessible version of it, you still have to make it accessible for them. This is a requirement found in the rest of Title II. 

What the rule says: 

“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.” 

 

What this means for you: 

1. This exception does not apply to documents just because they are behind a password. For example, materials posted on Canvas must still meet WCAG 2.1 AA.
2. This exception can never apply to documents that are distributed for public use. 
3. This exception only applies to the 4 specific types of documents listed. If you provide documents to people in other formats, such as HTML, those documents do need to be accessible.  
4. Even if a document qualifies for this exception, if someone requests an accessible version of it, you still have to make it accessible for them. This is a requirement found in the rest of Title II. 

What the rule says:

“Social media posts made by a state or local government [including UW] before the date the state or local government must comply with this rule do not need to meet WCAG 2.1, Level AA.” 

 

What this means for you:

1. Any of your social media posts created before April 24, 2027 do not need to be made accessible. 
2. Any of your social media posts created after April 24, 2027 do need to be accessible. 
3. Even if a social media post qualifies for this exception, if someone requests an accessible version of it, you still have to make it accessible for them. This is a requirement found in the rest of Title II. 

Fundamental Alteration:

A fundamental alteration is a modification that changes the nature of a University program, service or activity.  Sometimes, making digital content fully accessible under WCAG 2.1 AA might change the nature of a university program, service, or activity so much that it no longer serves its original purpose.

 

What this means for you: 

1. The University has to be able to show with clear evidence how making the digital content fully accessible would fundamentally alter the program, service or activity. Not just opinions or assumptions.
2. Examples of fundamental alteration in the University setting and course materials could include the following reasons: that making the digital content accessible would lower the grading standard, remove a required learning objective or it drops a requirement tied to accreditation, licensure or certification.
3. Some documents or web pages are unable to fully meet the technical requirements.

 

One example of a fundamental alteration could be a 2D/3D visualization of seismic data used as a critical portion of learning in a course, and that cannot be simplified to text-only without losing all functional value.

 

Undue Burden

When complying with the minimum technical requirements for digital accessibility creates an undue financial or administrative burden on the University, this exception may apply. 

 

What this Means for You:

1. A financial burden means that the cost of making something accessible would be significantly difficult or expensive. However, this is fact specific and a request is viewed as compared to the university's overall resources and budget.
2. It is unlikely a single request for exemption of course materials would meet this high burden.
3. An administrative burden means that there is a severe lack of resources to make something accessible. Similar to the standard for financial burden, this exception is viewed and applied narrowly.  Lack of training or skills for an individual, department or college is unlikely to rise to this level.
4. An example of how the administrative burden exception may apply would be if the University is securing a software system where there are no accessible alternatives on the market.